Agenda packet — Baldwin Park City Council, April 20, 2022

NOTICE AND CALL
OF A

SPECIAL MEETING
OF THE

CITY COUNCIL

TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF

THE CITY OF BALDWIN PARK

NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, April 20, 2022 at 5:00 PM.

Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda.

NO OTHER BUSINESS WILL BE DISCUSSED

Posted: April 14, 2022.

Emmanuel J. Estrada
Mayor

AFFIDAVIT OF POSTING

I, Marlen Garcia, City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting of April 20, 2022.

Marlen Garcia,
City Clerk

AGENDA

BALDWIN PARK CITY COUNCIL

SPECIAL MEETING
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706

April 20, 2022
5:00 PM

Audio Streaming will be available at:
https://www.youtube.com/channel/UCFLZ0_dDFRjy59rhiDZ13Fg/featured?view_as=subscriber http://baldwinpark.granicus.com/ViewPublisher.php?view_id=10 Audio Streaming Simultaneously in Spanish will be available at:
https://www.youtube.com/channel/UC3bPFBIHcoPIks1XqetmGcA

Emmanuel J. Estrada - Mayor
Daniel Damian - Mayor Pro Tem
Alejandra Avila - Council Member
Monica Garcia - Council Member
Paul C. Hernandez - Council Member

PLEASE TURN OFF ALL ELECTRONIC DEVICES

PUBLIC COMMENTS
The public is encouraged to address the City
Council or any of its Agencies listed on this
agenda. In accordance with Chapter 39 of the
Baldwin Park Municipal Code, Speakers must
address the Council as a whole and refrain
from making impertinent, slanderous, or
profane remarks or disrupt the peace of the
meeting.

COMENTARIOS DEL PUBLICO
Se invita al público a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda .

De acuerdo con el capítulo 39 del Código Municipal
de la Ciudad de Baldwin Park, los comentaros deben
se dirigidos al Concilio como una sola entidad, y no
ser impertinentes, difamatorios, o profanos, o
interrumpir la paz de la reunión.

CALL TO ORDER:

ROLL CALL: Council Members: Alejandra Avila, Monica Garcia, Paul C. Hernandez, Mayor Pro Tem Daniel Damian, and Mayor Emmanuel J. Estrada

PUBLIC COMMUNICATIONS
Three (3) minute speaking time limit
Tres (3) minutos será el limite para hablar

THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL

PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staf f to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2]

ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO

FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acción en algún asunto a menos que sea incluido en la agenda, o a menos que exista algúna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciónes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideración en juntas proximas. [Codigo de Gobierno §54954.2]

If you wish to comment on agenda items, please email your name, City of residence, item number and a phone number where you will be available between the hours of 5:00 PM to 6:00 PM on April 20, 2022 to [email protected]. You will be contacted by a staff member and will be granted 3 (three) minutes to speak live during the meeting. If you are a non-English Speaker and require translation services in another language other than Spanish, or sign, please indicate your reques t in your communication up to 48 hours prior to the meeting . If large numbers of persons wishing to speak are gathered (a reduction of the speaking time allotted for each speaker may be announced). A one hour limit may be placed on the time for public comm unications so that City business can be conducted, after which time, communications can resume.

OPEN SESSION/STUDY SESSION
• None

RECESS TO CLOSED SESSION

1. Conference With Legal Counsel—Existing Litigation
Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9:

Case Name: David Lopez Becerra v. City of Baldwin Park Case No. 22STCV06605

Case Name: Matthew Rodriguez v. Case No. 222-cv-01069-FLA-MAR City of Baldwin Park

Case Name: Kuberry, Michael, Hemenway and Findley Case No. 21STCV07382 v. City of Baldwin Park

CITY COUNCIL
VIRTUAL SPECIAL MEETING – 5:00 P.M.

Case Name: Jason Adams, AA DOE, AR, DOE, and Case No. 21STCV07429 James Gallegos v. City of Baldwin Park

Case Name: Tuan Le v. City of Baldwin Park Case No. 21STCV34473

2. Conference With Legal Counsel—Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9:

Potential Case(s): Two (2)

RECONVENE IN OPEN SESSION

REPORT FROM CLOSED SESSION

ADJOURNMENT

CERTIFICATION

I, Marlen Garcia, City Clerk of the City of Baldwin Park hereby that, certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting of April 20, 2022.

Marlen Garcia
City Clerk
For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or e- mail [email protected].

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960 -4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II)
AGENDA

BALDWIN PARK CITY COUNCIL

REGULAR MEETING
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706

April 20, 2022
7:00 PM

Emmanuel J. Estrada - Mayor
Daniel Damian - Mayor Pro Tem
Alejandra Avila - Council Member
Monica Garcia - Council Member
Paul C. Hernandez - Council Member

PLEASE TURN OFF ALL ELECTRONIC DEVICES DURING THE MEETING.

PUBLIC COMMENTS
The public is encouraged to address the City
Council or any of its Agencies listed on this
agenda on any matter posted on the agenda
or on any other matter within its jurisdiction.

In accordance with Chapter 39 of the
Baldwin Park Municipal Code, Speakers
must address the Council as a whole and
refrain from making impertinent, slanderous,
or profane remarks or disrupt the peace of
the meeting.

COMENTARIOS DEL PÚBLICO
Se invita al público a dirigirse al Concilio o cualquier otra de sus Agencias nombradas en esta agenda,
para hablar sobre cualquier asunto publicado en la
agenda o cualquier tema que esté bajo su
jurisdicción. De acuerdo con el capítulo 39 del
Código Municipal de la Ciudad de Baldwin Park, los
comentaros deben se dirigidos al Concilio como
una sola entidad, y no ser impertinentes,
difamatorios, o profanos, o interrumpir la paz de la
reunión.

City Council Agenda Page 2

CITY COUNCIL
REGULAR MEETING – 7:00 PM

CALL TO ORDER

INVOCATION

PLEDGE OF ALLEGIANCE

ROLL CALL
Council Members: Alejandra Avila , Monica Garcia, Paul C.

Hernandez, Mayor Pro Tem Daniel Damian, and Mayor Emmanuel J.

Estrada

REPORT FROM CLOSED SESSION

ANNOUNCEMENTS
The City Council are also members of the Board of Directors of the Housing Authority, and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting.

PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
• Certificate in Recognition to Sierra Vista Wrestling Team Montview League Championship
Presented to the Sierra Vista Wrestling Team

PUBLIC COMMUNICATIONS
Three (3) minute speaking time limit
Tres (3) minutos será el límite para hablar

THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL

PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances ex ist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staf f to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2]

ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO

FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acción en algún asunto a menos que sea incluido en la agenda, o a menos que exista algúna emergencia o circunstan cia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciónes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideración en juntas proximas. [Codigo de Gobierno §54954.2]

If you wish to comment on agenda items, please email your name, City of residence, item number and a phone number where you will be available between the hours of 7:00 PM to 8 :00 PM on April 20, 2022 to [email protected]. You will be contacted by a staff member and will be granted 3 (three) minutes to speak live during t he meeting. If you are a non-English Speaker and require translation services in another language other than Spanish, or sign, please indicate your request in your communication up to 48 hours prior to the meeting. If large numbers of persons wishing to speak are gathered (a reduc tion of the speaking time allotted for each speaker may be announced). A one hour limit may be placed on the time for public communications so that City business can be conducted, after which time, communications can resume.

City Council Agenda Page 3

CONSENT CALENDAR
All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda.

1. City of Baldwin Park’s Warrants and Demands
Staff recommends that the City Council ratify the attached Warrants and Demands Register.

2. Treasurer’s Report – February 2022
Staff recommends that the City Council receive and file the Treasurer’s Report for February 2022.

3. Approve an Industrial Disability Retirement (IDR) Claim for John M. Montgomery Staff recommends that the City Council approve the IDR.

4. Approval of Employment Agreement with Henry Chao for the Position of Accounting Manager
Staff recommends that the City Council approve the Agreement with Henry Chao for the position of Accounting Manager and direct the Mayor and City Clerk to execute it.

5. City Financial Assistance for Baldwin Park Unified School District (BPUSD) Student Field Trips-American Rescue Plan Act (ARPA) Community Funds Staff recommends that the City Council:

1. Authorize the Chief Executive Officer (CEO) to negotiate and execute an agreement with the BPUSD Superintendent for the City to provide financial assistance to BPUSD for student educational field trips on a case-by-case basis; and

2. Instruct the Director of Finance to appropriate $60,000 of (ARPA) funds - Community Assistance set-aside portion, as One-Time funding.

CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY

DEVELOPMENT COMMISSION

SA-1 Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Treasurer’s Report – February 2022 Staff recommends that the Board receive and file the Treasurer’s Report for February 2022.

City Council Agenda Page 4

PUBLIC HEARING

6. A Request to the City Council from the Planning Commission to Approve Development Agreement 19 -03 to allow the Construction of a Double -Faced LED Digital, Billboard (Location: 1529 Virginia Avenue; Applicant: Lamar, of Los Angeles; Case Numbers: DA 19-03)
Staff recommends that the City Council:

1. Hold a Public Hearing and accept public testimony; and

2. Adopt Resolution 2022 -017 entitled, “A REOLUTION OF THE PLANNING

COMMISSION OF THE CITY OF BAL DWIN PARK RECOMMENDING THAT THE CITY COUNCIL TO APPROVE (1) AN INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT REPORT AND (2) DEVELOPMENT AGREEMENT 19 -03 TO PERMIT THE CONSTRUCTION A

DOUBLE-FACED LED DIGITAL BILLBOARD WITHIN THE I -C, INDUSTRIAL - COMMERCIAL ZONE. (LOCATION: 1529 VIRGINIA AVENUE, APN: 8558 -032-018 APPLICANT: LAMAR OF LOS ANGELES. CASE NUMBER: DA 19-03)”; and

3. Authorize the City of Baldwin Park to enter into a development agreement with LAMAR of Los Angeles for the approval of a double -faced LED digital Billboard located at 1529 Virginia Avenue.

REPORTS OF OFFICERS

7. Approve 4th of July Spectacular Show Budget and Award of Agreement with Pyro Spectacular Inc.

Staff recommends that the City Council:

1. Approve the 4th of July Spectacular Show Budget; and

2. Select event date Saturday, July 2nd or Sunday, July 3rd; and

3. Award agreement with Pyro Spectaculars, Inc. in the amount of $22,000; and

4. Authorize Director of Recreation & Community Services to execute the agreement and any associated documents; and

5. Authorize the Director of Finance to appropriate funding and make necessa ry changes to the budget.

8. Sales Tax Proposal
Staff recommends that the City Council:

1. Authorize staff to proceed with a public engagement process to present and discuss the merits of a potential sales tax ballot measure for 0.75% for the November 2022 general election, to city residents, community groups, neighborhood associations, stakeholder associations, the business community, school district, special districts, and other organizations; and

2. Direct the Chief Executive Officer to complete and present the results of the public poll currently being conducted; and

3. Instruct the City Attorney, the Chief Deputy City Clerk, and the CEO to draft language for the ballot for future Council consideration, timely for the November 2022 election timeline; and

4. Instruct the Director of Finance and the CEO to update and present revenue estimates utilizing the most recent sales tax data available; and

5. Direct the CEO to develop and present to the City Council for approval the formation of an advisory committee made up members of the community and two members of the City Council.

City Council Agenda Page 5

9. Fiscal Year 2021/22 Mid-Year Budget Presentation
Staff recommends that the City Council:

1. Review the mid -year analysis via a presentation and approve the mid -year revenue and expenditure projections for the fiscal year ending June 30, 2022; and

2. Authorize the Director of Finance to complete all necessary budget amendments and appropriations.

CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS &

COMMUNICATION

Request by Mayor Emmanuel J. Estrada
• Mayor Estrada requests Staff to present to the City Council at a future meeting a formal proposal for the development of a mural arts project for the civic center capitalizing on wall space on the parking structure and the Metrolink station elevator tower, ideally suitable for such a project and preliminarily conceptualized by the renowned Chicano Artist family Juanishi V. Orosco, Daniel Orosco, and Jose Montoya-Orosco.

ADJOURNMENT

CERTIFICATION

I, Marlen Garcia, City Clerk of the City of Baldwin Park hereby certify that, under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 14th day of April, 2022.

Marlen Garcia
City Clerk

For further information regarding agenda items, please contact the office of the City C lerk at (626) 960 -4011 ext. 466 or via e -mail at [email protected].

STAFF REPORT
ITEM NO. ________1________
TO: Honorable Mayor and Members of the City Council
FROM: Rose Tam, Director of Finance
DATE: April 20, 2022
SUBJECT: City of Baldwin Park’s Warrants and Demands

SUMMARY
Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council.

RECOMMENDATION
Staff recommends that the City Council ratify the attached Warrants and Demands Register.

FISCAL IMPACT
The payroll for the last period was $513,554.10 and the attached General Warrants Register was $1,105,193.82 for a total amount of $1,618,747.92.

BACKGROUND
The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous City Council meeting and the following is a summary of the payment released:

1. The last payroll of the City of Baldwin Park consists of check numbers 201364 to 201370 Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 32252 to 32498 for the period March 20, 2022 through April 2, 2022, inclusive; these are presented and hereby ratified in the amount of $513,554.10.

2. General Warrants, with the bank drafts in the amount of $285,576.85 and checks from 235729 to 235938 in the amount of $819,616.97 for the period of March 24, 2022 to April 7, 2022, inclusive; in the total amount of $1,105,193.82 constituting of claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified.

LEGAL REVIEW
Not Applicable

ATTACHMENT

1. Check Register

STAFF REPORT
ITEM NO. _________2________
TO: Honorable Mayor and Members of the City Council
FROM: Rose Tam, Director of Finance
DATE: April 20, 2022
SUBJECT: Treasurer’s Report – February 2022

SUMMARY
Attached is the Treasurer’s Report for the month of February 2022. The Treasurer’s Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City’s Investment Policy and the California Government Code.

RECOMMENDATION
Staff recommends that Council receive and file the Treasurer’s Report for February 2022.

FISCAL IMPACT
None

BACKGROUND
City of Baldwin Park Investment Policy requires the Treasurer’s Report be submitted to the Mayor and City Council on a monthly basis.

LEGAL REVIEW
Not Applicable

ATTACHMENT

1. Exhibit “A”, Treasurer’s Report

STAFF REPORT
ITEM NO. ________3_________
TO: Honorable Mayor and Members of the City Council
FROM: Enrique Zaldivar, Chief Executive Office
Laura J. Thomas, Human Resources/Risk Manager
DATE: April 20, 2022
SUBJECT: Approve an Industrial Disability Retirement (IDR) claim for John M. Montgomery

SUMMARY
This report requests City Council’s consideration and direction on the Determination of Disability for John M. Montgomery as he has filed for an Industrial Disability Retirement (IDR).

RECOMMENDATION
Staff recommends that the City Council approve the IDR.

FISCAL IMPARK
There is no immediate fiscal impact with the approval of this IDR.

BACKGROUND
Mr. Montgomery retired from his employment effective November 1, 2021, and subsequently submitted a request for an IDR with CalPERS. Mr. Montgomery was a Police Officer who had been employed by the City of Baldwin Park since October 6, 1991. He submitted a workers compensation claim on April 9, 2019. After consultation with the City’s Worker’s Compensation attorney, both the City and Adminsure agreed that Mr. Montgomery was permanently disabled at the time of his retirement. The medical information reviewed by the City’s Worker’s Compensation attorney and Adminsure, was a key factor in the City’s decision to recommend approval of the IDR.

LEGAL REVIEW
Legal Review is not required for this item.

ALTERNATIVES
The alternative is to deny Mr. Montgomery’s IDR.

ATTACHMENTS
None
RESOLUTION NO. 2022-XXX

RESOLUTION OF CITY COUNCIL OF THE CITY OF BALDWIN PARK
WHEREAS, the City of Baldwin Park, (hereinafter, referred to as “Agency”) is a contracting agency of the California Public Employees’ Retirement System (CalPERS):

WHEREAS, the California Public Employees’ Retirement Law requires that a contracting agency determine whether an employee of such agency, in employment in which he is classified as a local safety member, is disabled for purposes of the California Public Employees’ Retirement Law and whether such disability is “industrial” within the meaning of such law:

WHEREAS, an application for industrial disability retirement of a medical condition associated with several body parts as identified by Adminsure, the City’s Third Party Administrator, from John M. Montgomery employed by the Agency in the position of Police Officer has been filed with CalPERS; And
WHEREAS, the City Council of The City of Baldwin Park has reviewed the medical and other evidence relevant to such alleged disability.
(1) Pursuant to the authority delegated to me by action of City Council of The City of Baldwin Park (hereinafter referred to as Agency) April 20, 2022 and pursuant to the authority under Government Code section 21173, after review of medical and other evidence relevant thereto, I hereby determine that John M. Montgomery, a local safety member of the California Public Employees’ Retirement System (CalPERS) employed by the Agency, is not incapacitated within the meaning of the California Public Employees’ Retirement Law for performance of his duties in the position of Police Officer for his medical condition as specifically identified by Adminsure.

I hereby certify under penalty of perjury that this determination was made on the basis of competent medical opinion and was not used as a substitute for the disciplinary process. If the disciplinary process occurred before the member’s separation from employment, all relevant personnel documents were forwarded to CalPERS for determination of the member’s eligibility for disability retirement and CalPERS’ determination that the member is eligible to apply for disability retirement was obtained prior to starting the process of determination.

PASSED, APPROVED, AND ADOPTED this 20th day of April 2022. _______________________________

EMANUEL ESTRADA
MAYOR
ATTEST:

STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:

CITY OF BALDWIN PARK
I, MARLEN GARCIA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2022-XXX was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on April 20, 2022, and that the same was adopted by the following vote to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

MARLEN GARCIA

CITY CLERK

STAFF REPORT
ITEM NO. _________4_______
TO: Honorable Mayor and Members of the City Council
FROM: Enrique Zaldivar, Chief Executive Officer
Laura J. Thomas, Human Resources/Risk Manager
DATE: April 20, 2022
SUBJECT: Approval of Employment Agreement with Henry Chao for the position of Accounting Manager

SUMMARY
The attached Agreement for Accounting Manager (“Agreement”) with Henry Chao is presented for approval by the City Council.

RECOMMENDATION
Staff recommends that the City Council approve the Agreement with Henry Chao for the position of Accounting Manager and direct the Mayor and City Clerk to execute it.

FISCAL IMPACT
There is no fiscal impact as the previous Accounting Manager vacated the position on or about March 28, 2022.

BACKGROUND
After going through a competitive selection process, the Chief Executive Officer was authorized to negotiate a contract with Mr. Chao and bring it back to open session for final action. Mr. Chao has the qualifications and experience for this position. If approved, the Agreement will be effective April 25, 2022.

The Agreement sets the monthly base pay compensation for the Accounting Manager at $8,066.10 which is step 1 of the salary range as per the City of Baldwin Park Comprehensive Pay Schedule. The Accounting Manager incumbent is expressely an “At-Will” employee and serves at the pleasure of the Chief Executive Officer and Finance Director.

ALTERNATIVES
The City Council may choose to go back into closed session for additional negotiations.

LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.

ATTACHMENT

1. Accounting Manager Employment Agreement
1 AGREEMENT
This agreement (hereinafter “Agreement”) is made and entered into by and between the City of Baldwin Park, a general law City (hereinafter “City”) and Henry Chao, an individual (hereinafter “Employee”).

Section 1. Duties
a. City agrees to employ Employee as the Accounting Manager with the responsibility of supervising and managing the day-to-day operation of the Finance Department under the direction of the Director of Finance. b. The Employee shall perform other related and necessary duties as required by law and designated by the Director of Finance and Chief Executive Officer. c. The Director of Finance and Chief Executive Officer shall establish performance goals and objectives to be met by the Employee as Accounting Manager for each year of this Agreement. Said objectives shall be established as part of the evaluation process. The Director of Finance and Chief Executive Officer agrees to conduct a performance evaluation after twelve (12) months from the date of employment, and also upon each annual anniversary date of employment. The evaluation shall be conducted in accordance with specific criteria jointly developed and finalized by the Director of Finance, Chief Executive Officer and Employee. The Chief Executive Officer, based upon said evaluation, may award a salary step increase to Employee. Salary increases may be by amendment to this contract or by Resolution of the City Council.
d. Employee shall satisfactorily perform the duties of Accounting Manager with a high degree of professionalism and shall work the schedule necessary to ensure completion of performance. Employee shall generally report to work during normal business hours except during approved leave. Employee shall not conduct any outside business, or consulting business, except that employee may engage in occasional professional teaching or related duties subject to approval of the Chief Executive Officer, which approval shall not be unreasonably withheld.
e. Employee hereby agrees to perform faithfully and to the best of their abilities all the duties pertaining to Accounting Manager as may be required by the laws of the City of Baldwin Park and the State of California relating to municipal corporations, and the rules and regulations of the City of Baldwin Park, which are now in force or which may be put in force during the term herein stated, and further shall perform such other tasks and duties as may be designated by the Director of Finance and Chief Executive Officer and that the parties hereto agree that said position as Accounting Manager shall be deemed and construed to be a full-time position.
2 Section 2. Terms of Employment
a. The Employee's start date and anniversary date of employment is April 25, 2022, and the terms of this Agreement shall commence on that date and shall continue until terminated as set forth in this Agreement. b. Employee understands and agrees that Employee is an “AT WILL” (EXEMPT) Employee and serves at the will of the Chief Executive Officer.

There is no length of employment associated with this Agreement because it is an “AT WILL” Agreement. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the Chief Executive Officer to terminate the service of the Employee as an "AT WILL" Employee.
c. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the Employee to resign at any time from this position with City provided Employee gives to City Two Weeks (14 days) written notice prior to the effective date of Employee's resignation, unless the parties otherwise agree.

Section 3. Compensation/Benefits
a. Commencing April 25, 2022, the Accounting Manager’s salary shall be Step 1, or $8,066.10 per month as per the salary schedule most recently adopted by the City Council. Said salary may be modified from time to time by an amendment to this Agreement or amended salary resolution approved and adopted by the City Council.
b. Benefits: The City shall provide to Employee all fringe benefits as are in the most recent Unclassified Manager's Benefits Matrix as approved by the City Council.

Section 4. Termination, Waiver and Severance Pay
In the event the Chief Executive Officer terminates Employee's employment as Accounting Manager pursuant to this Agreement, and if Employee is not otherwise in breach of the terms of this Agreement, and if Employee executes a written waiver of any and all claims the Employee may have against the City, including but not limited to, a Civil Code Section 1542 waiver, then and only then the City shall pay a lump sum cash payment equal to three (3) months base salary only, with no benefits included in the severance calculation ("Severance Pay") to Employee. Only base salary will be used to calculate the three months’ severance and it need only be paid if Employee executes a waiver of all of her claims against the City as described above.

Section 5. General Provisions

1. The text herein shall constitute the entire Agreement between the parties. 3 2. This Agreement shall be effective April 25, 2022.

3. This Agreement shall only be modified in writing by the parties, except as salary may be modified by time to time by City Council Resolution.

Section 6. Arbitration
a. Employee and City expressly agree to waive any right they may have to file a claim, complaint and/or lawsuit in any California court. Except as expressly set forth in this section, all disputes, claims, complaints, or controversies (“Claims”) that Employee may have against the City and/or any of its officers, directors, employees, and/or agents, including contract claims; tort claims; discrimination and/or harassment claims; retaliation claims, claims for wages, compensation, penalties or restitution; and any other claim under any federal state or local statute, constitution, regulation, rule, ordinance, or common law, arising out of and/or directly or indirectly related to this Agreement and/or termination of this Agreement are subject to arbitration pursuant to the terms of this Agreement and will be resolved by Arbitration and NOT by a Court or jury. The parties hereby forever waive and give up the right to have a judge or jury decide any claims. The City will pay all costs of the arbitration as applicable and consistent with California law. b. The parties will use Judicial Arbitration and Mediation Services (“JAMS”) subject to its then-current employment arbitration rules and procedures (and the then-existing emergency relief procedures contained in the JAMS comprehensive arbitration rules and procedures if either party seek emergency relief prior to the appointment of an Arbitrator), available at www.jamsadr.com, unless those rules and/or procedures conflict with any express term of this Agreement, in which case this Agreement is controlling. c. No arbitration under this Agreement shall be subject to the JAMS Class Action Procedures.
d. The arbitration will be heard by a single Arbitrator in the State or Territory where Contractor worked at the time the claim arose. The parties will attempt to mutually agree to an arbitrator. If that is not possible, JAMS rules will apply to select an arbitrator.
e. The Arbitrator will have the authority to decide a motion to dismiss and/or a motion for summary judgment by any party and shall apply the Civil Rules of Civil Procedure governing such motions.
f. The following claims are not covered by this Agreement:
a. Worker’s compensation benefits, unemployment compensation benefits, claims for benefits under a plan that is governed by the Employment Retirement Income Security Act of 1974 (“ERISA”), and claims which are subject to the exclusive jurisdiction of the NLRB; and
4 b. Any claim that is expressly excluded from arbitration by a governing federal law or by a state law that is not preempted by the Federal Arbitration Act (“FAA”) or other federal law.

Section 7. Attorneys’ Fees and Enforcement
It is understood and agreed that if, at any time, a violation of any term of this Agreement is asserted by any party hereto, and an arbitration is commenced, the prevailing party to any arbitration shall be entitled to recover its/his/her reasonable costs and attorneys’ fees.

CITY OF BALDWIN PARK: EMPLOYEE:
_____________________________ ____________________________ Emmanuel Estrada Henry Chao
Mayor Accounting Manager
ATTEST: APPROVED AS TO FORM:
_____________________________ _______________________
Marlen Garcia Robert Tafoya
City Clerk City Attorney

STAFF REPORT

ITEM NO. _______5________

TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, Chief Executive Officer
Rose Tam, Director of Finance

DATE: April 20, 2022
SUBJECT: City Financial Assistance for Baldwin Park Unified School District (BPUSD) Student Field Trips-American Rescue Plan Act (ARPA) Community Funds

SUMMARY
Teachers and principals across the BPUSD schools strive to provide an enriched and enhanced educational experience for their students by complementing their core classroom work with field trips to specific events or institutions that would bring exposure to educational elements not available in the classroom.

Educational field trips can be as local as bringing a classroom to City Hall for a City Council Meeting to experience the deliberative and democratic form of city government and its relevance to matters of community interest; or as elaborate as a field trip to the Nation’s capital Washington D.C to experience the legislative work of the US Congress, the judicial work of the US Supreme Court, and the executive of the President at the White House as a perfect illustration of the separation of powers in the running of our great nation.

Field trips get organized generally at the initiative of teachers and or principals. Related expenses must often be partially covered by parents and families either directly or by active fund -raising activities by the students. The BPUSD Board has a very clear policy that no field trip shall be approved if anyone student would be excluded from joining a field trip due to lack of insufficient funds.

In the City’s broader role of supporting our communities, we can offer financial assistance to BPUSD in ensuring that students are able to partake in the benefit of educational field trips irrespective of their family financial situation.

RECOMMENDATION
Staff recommends that the City Council:

2. Instruct the Director of Finance to appropriate $60,000 of (ARPA) funds - Community Assistance set-aside portion, as One-Time funding.

FISCAL IMPACT
There is no impact to the General Fund. The program in the amount of $60,000 will be funded by the ARPA-Community Assistance set -aside portion under the Revenue Replacement catego ry. This is a one-time funding action with no further subsequent impact. Funds will be drawn as stipulated in the Agreement. Last day of eligibility of use of ARPA funds is December 31, 2024.

BACKGROUND
Making the opportunity for students to participate in educational field trips which are often a source of inspiration and motivation for students’ achievement and success is of utmost importance for our communities.

BPUSD strives to provide such an opportunity and would welcome the financial assistance by the City in extending the opportunity to all of its students.

DISCUSSION
Out of state field trips costs that involve air travel and lodging can be as high as $2700 per student.

Families can either contribute directly or help in fund raising activities. Sometimes the student cost can be beyond the reach of many families no matter their fund -raising efforts. By the City making the proposed funding available, BPUSD will be able to partially defray the costs of field trips, ultimately benefiting families in the City of Baldwin Park.

Specific criteria by which the City funds will be made available to BPUSD will be developed by the CEO in negotiations with the Superintendent, but the City Council expressly states its intent that City funds be used to make filed trips accessible to all students irrespective of academic or economic standing.

ALTERNATIVES
Council may decide not to approve this Staff Report.

LEGAL REVIEW
City Attorney will provide assistance and review in the agreement to be negotiated by the CEO.

ATTACHMENTS
None

STAFF REPORT
ITEM NO. _________________
TO: Honorable Chair and Board Members of the Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park
FROM: Rose Tam, Director of Finance
DATE: April 20, 2022
SUBJECT: Treasurer’s Report – February 2022

RECOMMENDATION
Staff recommends that the Board receive and file the Treasurer’s Report for February 2022.

FISCAL IMPACT
None

BACKGROUND
City of Baldwin Park Investment Policy requires the Treasurer’s Report be submitted to the Mayor and City Council on a monthly basis.

LEGAL REVIEW
Not Applicable

ATTACHMENT

1. Exhibit “A”, Treasurer’s Report

STAFF REPORT
ITEM NO. ________6_________
TO: Honorable Mayor and Members of the City Council
FROM: Ron Garcia, Acting Director of Community Development PREPARED BY: Melissa Chipres, Associate Planner
DATE: April 20, 2022
SUBJECT: A Request to the City Council from the Planning Commission to Approve Development Agreement 19-03
to allow the Construction of a Double-Faced LED Digital, Billboard (Location: 1529 Virginia Avenue; Applicant:

Lamar, of Los Angeles; Case Numbers: DA 19-03.)

SUMMARY
This report requests that the Planning Commission recommend approval to the City Council on the following:
1) Initial Study and Mitigated Negative Declaration of Environmental Impact; and 2) An agreement between the City and Lamar of Los Angeles to allow the construction of a double-faced LED digital billboard, in return for various mitigation fees paid to the city.

RECOMMENDATION
Staff recommends that the City Council:

1. Hold a Public Hearing and accept public testimony; and

2. Adopt Resolution 2022-017 entitled, “A REOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF BALDWIN PARK RECOMMENDING THAT THE CITY COUNCIL TO APPROVE (1) AN INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT REPORT AND (2) DEVELOPMENT AGREEMENT 19-03 TO PERMIT THE

CONSTRUCTION A DOUBLE-FACED LED DIGITAL BILLBOARD WITHIN THE I-C, INDUSTRIAL-COMMERCIAL ZONE. (LOCATION: 1529 VIRGINIA AVENUE, APN: 8558-032- 018 APPLICANT: LAMAR OF LOS ANGELES. CASE NUMBER: DA 19-03)”; and

3. Authorize the City of Baldwin Park to enter into a development agreement with LAMAR of Los Angeles for the approval of a double-faced LED digital Billboard located at 1529 Virginia Avenue.

FISCAL IMPACT
There will be an increase in general fund revenues should this project be approved. The Developer shall pay an annual development fee to City of Seventy-Two Thousand Dollars ($72,000.00) per year, increased every five (5) year anniversary of the Term Commencement Date by the increase in the CPI- U over the immediately preceding five (5) year period.
2 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)/NOTICING
In accordance with the provisions of the California Environment Quality Act (CEQA), it has been determined the proposed project will not have a significant impact on the environment and an Initial Study/Mitigated Negative Declaration of Environmental Impact has been prepared (Attachment 3). The Initial Study was prepared by DeNovo Planning Group. and has completed the public review period which took place from January 26, 2022, to February 24, 2022. The Notice of Intent inviting public comment on the Initial Study/ Mitigated Negative Declaration of Environmental Impact was posted at the Los Angeles County Clerk's Office, the City’s website, and City Hall. The public review period closed with no responses from the public. The California Department of Transportation (Caltrans) responded with a letter of acknowledgement dated February 16, 2022, indicating that the applicant is also required to obtain permits from Caltrans.

Additionally, a Notice of Public Hearing for this proposed Development Agreement was posted at City Hall, and City website on January 26, 2022. Public Hearing Notices were mailed to adjacent property owners within 300 feet of the project site on January 26, 2021, and March 10, 2022 a legal notice was published in the Baldwin Park Press.

The Planning Division has reviewed the application to ensure compliance with all requirements set forth in Ordinance 1394 and is recommending the Planning Commission consider and recommend approval to the City Council on proposed Development Agreement 19-03 between the City of Baldwin Park and Lamar of Los Angeles to permit the construction of a double-faced LED digital billboard at 1529 Virginia Avenue within the I-C, Industrial-Commercial zone.

SUBJECT PROPERTY & SURROUNDING LAND USES
The Development Agreement (DA 19-03) will allow for the construction of a digital billboard advertising structure located at 1529 Virginia Avenue, south of the I-10, San Bernardino Freeway. The proposed project consists of two (2) LED electronic sign faces.

Other than abutting freeways, the sites are bounded by the uses as detailed in Table #1 below.

TABLE#1

ADJACENT LAND USES
Adjacent Property Location Zoning Designation Land Use
North - I-10 Freeway
East F-C Commercial/Retail Business
South - Industrial-Commercial
West I-C Industrial- Commercial
3 BACKGROUND
A billboard is a large (typically 14’ feet in height by 48’ in length) off-site advertising sign that advertises an event, product, service, or use not generally found on-site or provides public information.

In July 2013, the City approved a Code Amendment (AZC-173) which included development standards relating to digital billboards. In December 2016, the City Council approved an ordinance that would modify the development standards to allow the construction of additional digital and static billboards. The construction of additional billboards require development agreements that allow the City more flexibility to negotiate other benefits from billboard companies, including but not limited to new park signs, landscaping, and provide mitigation fees and/or other benefits the City needs. In April 2017, the City Council approved an ordinance to modify development standards for all new billboards that would allow them to be constructed no taller than 65 feet, regardless of proximity to a sound wall.

Digital Billboard Structures
Digital billboard facings are an emerging media type that consists of a display surface with light emitting diodes (LEDs) generating an image. The images are changed remotely via computer, functioning and appearing like large computer screens. Digital billboards offer greater flexibility of use than conventional billboards. Typically, digital advertising messages from advertisers rotate continuously, with each digital image on display for about four to eight seconds, enabling billboard owners to sell the same advertising face multiple times. Digital billboards allow advertisers to change messages throughout the course of a day. Images can be scheduled to run at certain times of the day, on particular days of the week or even on specific billboards within a network. Digital billboards are typically used in busy traffic areas, where advertisers are willing to pay more for the use of the billboard and thus the LED displays generate substantially more revenue than a comparable traditional billboard.

Although the LED display technology allows for scrolling, flashing or motion video, moving images on digital billboards are generally prohibited by current Federal, State, and/or local regulations, due to traffic safety concerns. The Baldwin Park Ordinance also prohibits moving images on digital billboards.

LED displays are equipped with sensors that automatically modify the brightness of the sign in response to ambient lighting conditions. During the day, the display is brighter to provide the necessary contrast to allow the image to be visible. At night, the LED display will be automatically dimmed to reduce glare.

There are a variety of Federal, State, and local provisions that regulate billboards and digital billboards. For example, Caltrans limits location of static billboards to be no less than 500 feet between billboard any other billboard on the same side of the freeway, whereas digital billboards must be separated by a minimum distance of 1,000 linear feet on the same side of the freeway.

DISCUSSION
On November 21, 2019, the Planning Division received an application from Lamar of Los Angeles requesting approval for the construction of a double-sided LED digital billboard locate at 1529 Virginia Avenue, south of the I-10, San Bernardino Freeway. The proposed location of the digital billboard is in the north easterly corner of the property.

The proposed construction will consist of the Billboard sign area to be fourteen (14) feet in height, and forty-eight (48) feet in width, and an overall height of ninety (90) feet. 4 Ordinance 1398 Section 2. Item H: The overall height of the Advertising Structure that is a Static Billboard or that includes a Digital Billboard and excluding extensions shall not be more than sixty-five feet (65’), as measured from the highest point of the main road or Interstate Highway from which the advertising is to be viewed.

The applicant has provided a line-of-sight plan (attachment #6) that indicates compliance with the height requirement pursuant to the ordinance. The minimum height of the billboard is 64 feet in height measured from the highest point of the Interstate Highway.

PLANNING COMMISSION ACTION
At their meeting on March 23, 2022, the Planning Commission voted 4-0, recommending the City Council approve the proposed Development Agreement.

ATTACHMENTS

1. Resolution 2022-017

2. Development Agreement, DA 19-03

3. Initial Study & Mitigated Negative Declaration ( https://www.baldwinpark.com/online- documents/community-development/planning/environmental-documents/2852-final-ismnd- lamar-digitial-billboard/file).

4. Vicinity Map

5. Plans

6. Line of Site Plan
RESOLUTION NO. 2022-017

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BALDWIN PARK CALIFORNIA RECOMMENDING THAT THE CITY
COUNCIL APPROVE AND ADOPT (1) AN INITIAL STUDY AND

MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT REPORT AND (2) DEVELOPMENT AGREEMENT 19-03 TO

PERMIT THE CONSTRUCTION OF A DOUBLE-FACED LED

DIGITAL BILLBOARD WITHIN THE I-C, INDUSTRIAL-COMMERCIAL ZONE. (LOCATION: 1529 VIRGINIA AVENUE, APN: 8558-032-018 APPLICANT: LAMAR OF LOS ANGELES; CASE NUMBER: DA 19-
03)
WHEREAS, in 1999 the City Council approved a zone change to allow for the creation of an Outdoor Advertising District along segments of the I-10 and I-605 freeways to permit the construction of new billboards; and WHEREAS, in June 2003 the City adopted Ordinance 1204 which prohibited the issuance of any type of entitlement relating to billboard structures; and WHEREAS, in July 2013 the City amended the Municipal Code to include development standards for new digital billboard structures; and WHEREAS, in December 2016 the City approved an ordinance to modify the Municipal Code billboard development standards and to require development agreements for the construction of additional digital and static billboard structures; and WHEREAS, in April 2017 the City approved an ordinance to modify the billboard development standards that would allow billboards to be constructed no taller than 65 feet, regardless of proximity to a sound wall; and
WHEREAS, in 2020 the City entered into discussions with Lamar of Los Angeles, for a Development Agreement to place a dual-faced digital billboard along the I-10 San Bernardino Freeway located at 1529 Virginia Avenue; and WHEREAS, the proposed Development Agreement between the City of Baldwin Park and Lamar of Los Angeles, identified as Case Number DA 19-03 is described more particularly in the information on file with the Planning Division.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council does hereby find, determine, and declare that:

A. An Initial Study and Negative Declaration of
Environmental Impact were prepared for the Project in accordance with the DA 19-03
April 20, 2022,

Page 2 ends

provisions of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines.

B. The Initial Study and Negative Declaration were made available to the public for review and comment from January 26, 2022, to February 24, 2022, as required by law.

C. A properly noticed public hearing was held by the
Planning Commission of the City of Baldwin Park on March 23, 2022, at which time evidence was heard on the Initial Study and Negative Declaration. At the hearing, the Planning Commission fully reviewed and carefully considered that evidence, no additional comments were received at the hearing, and the Planning Commission recommended approval of the Negative Declaration for the Project.

D. A properly noticed public hearing was held by the City Council of the City of Baldwin Park on April 20, 2022, at which time evidence was heard on the Initial Study and Negative Declaration. At the hearing, the City Council fully reviewed and carefully considered them, together with any comments received during the public review period.

SECTION 2. The City Council reviewed and considered the Mitigated Negative Declaration of Environmental Impact and determined the Project will not have a significant impact on the environment. The Negative Declaration is therefore hereby approved.

SECTION 3. The City Clerk shall certify to the adoption of this Resolution and forward a copy hereof to the Secretary of the Planning Commission.

PASSED AND APPROVED this 20th day of April 2022.
______________________________________
EMMANUEL J. ESTRADA
MAYOR
DA 19-03
April 20, 2022,

Page 3 ends

ATTEST:

STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS.

CITY OF BALDWIN PARK
I, MARLEN GARCIA, City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. 2022-017 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof, held on the 20th day of April, 2022 by the following vote:

AYES: COUNCIL MEMBERS:___________________________________ NOES: COUNCIL MEMBERS:___________________________________ ABSENT: COUNCIL MEMBERS:___________________________________ ABSTAIN: COUNCIL MEMBERS:___________________________________ _________________________________

MARLEN GARCIA

CITY CLERK
Recording Requested by and
When Recorded Return to:

CITY OF BALDWIN PARK
14403 Pacific Ave
Baldwin Park, CA 91706
Attn: City Clerk

[Exempt From Recording Fee Per Gov. Code §6103]

DEVELOPMENT AGREEMENT

This Development Agreement ("Agreement") is entered into this __th day of _______ 20__, by and between the CITY OF BALDWIN PARK, a California municipal corporation ("City") and LAMAR CENTRAL OUTDOOR, LLC., a Delaware limited liability company ("Developer").

RECITALS

A. California Government Code Sections 65864, et seq., ("Development Agreement Law") authorizes cities to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purposes of strengthening the public planning process, encouraging private participation and comprehensive planning and identifying the economic costs of such development.

B. Developer has a leasehold interest to a certain portion of the real property commonly known as 1527 Virginia Avenue, located in the City of Baldwin Park, in the County of Los Angeles, referred to as Assessor’s Parcel Number 8558-032-018, as more specifically described in Exhibit “A” and depicted on Exhibit “B” (collectively, the "Site").

C. Developer seeks to install on a portion of the Site a maximum of one (1) dual-sided digital-billboard, a maximum of sixty-five (65) feet tall, “as measured from the highest point of the main road or Interstate Highway from which advertising is to be viewed”, pursuant to Section 153.170.105(H) of the BPMC as amended, each face measuring 14' x 48 on the Site (the “Billboard”) pursuant to the terms of this Agreement.

D. Developer, as the exclusive lessee of the applicable portions of the Site for outdoor advertising purposes, has a legal and/or equitable interest in the Site pursuant to its lease (the "Lease") with the Site Owner, and thus Developer qualifies to enter into this Agreement in accordance with Development Agreement Law.

E. In exchange for the approvals sought to install the Billboard, Developer has offered to:

1. Pay to City an annual Development Fee/Mitigation Fee as defined and provided in Section 2.6 below to mitigate any impacts associated with the Billboard; and

2. Not advertise contrary to the provisions of Section 2.7 below.

F. Developer and City agree that a development agreement should be approved and adopted to memorialize the property expectations of City and Developer as more particularly described herein.

G. The Project will be categorically exempt from CEQA pursuant to the Urban In -Fill exemption in Title 14 of the California Code of Regulations, Section 15332.

H. The City Council has found that this Agreement is in the best public interest of the City and its residents, adopting this Agreement constitutes a present exercise of the City's police power, and this Agreement is consistent with the City's General Plan. This Agreement and the proposed Project (as hereinafter defined) will achieve a number of City objectives including utilizing the Site for a revenue- generating use.

I. On ______, __ 2021 (the "City Approval Date"), the City Council held a first reading of Ordinance No. ____ (the "Approval Ordinance"), thereby approving this Agreement and the Billboard as described herein.

J. City finds and determines that all actions required of City and the City Council precedent to approval of this Agreement by the Approval Ordinance have been duly and regularly taken.

COVENANTS

NOW, THEREFORE, in consideration of the above recital s and of the mutual covenants hereinafter contained and for other good an d valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. DEFINITIONS AND EXHIBITS.

1.1 Definitions. This Agreement uses a number of terms that have the specific meanings defined below. These specially defined terms are distinguished by having the initial letter capitalized, when used in the Agreement. In addition to the terms defined in the Recitals above, the defined terms include the following:

1.1.1 "Agreement" means this Development Agreement and all attachments and exhibits hereto.

1.1.2 "City" means the City of Baldwin Park, a California Municipal Corporation and a general law city.

1.1.3 "City Council" means the City Council of City.

1.1 .4 "Development Approvals" means the approved Development, based on the approval of the City Council, as further described in the Recitals and defined in Section 3.3 herein.

1.1.5 “Effective Date" means ____ __, 2021, the date that is 30 days following the Approval Date, and provided the Agreement is signed by Developer and City.

1.1.6 "Final Permits" shall mean the date City issues the last approval required for the Project from all applicable governmental authorities.

1.1.7 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations and official policies of City, including, but not limited to, City's General Plan, Municipal Code and Zoning Code, which govern development and use of the Billboard, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of the Billboard, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the Development of the Digital Billboard at the Site which are in full force and effect as of the Effective Date of this Agreement, subject to the terms of this Agreement. Land Use Regulations shall also include NPDES regulations, to the extent applicable.

1.1.8 "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security-device, a lender or each of their respective successors and assigns.

1.1.9 "Project" means the installation, operation and maintenance of the Billboard on the Site, all in accordance with the Development Approvals and this Agreement and all the conditions of approval per the Approval Ordinance.

1.l.10 "Subsequent Land Use Regulations" means any Land Use Regulations effective after the Effective Date of this Agreement (whether adopted prior to or after the Effective Date of this Agreement) governing the development and use of the Billboard.

1.1.11 "Term" shall have the mean ing provided in Section 2.4, unless earlier terminated as provided in this Agreement.

2. GENERAL PROVISIONS.

2.1 Binding Effect of Agreement. From and following the Effective Date, actions by the City and Developer with respect to the Project, including actions by the City on applications for Subsequent Development Approvals affecting the Project, shall be subject to the terms and provisions of this Agreement, provided, however, that nothing in this Agreement shall be deemed or construed to modify or amend the Lease, or any of Developer's obligations thereunder. All Development Approvals and associated entitlements shall have the same term and run concurrently with this Agreement.

2.2 Interest in Site. City and Developer acknowledge and agree that Developer has a legal or equitable interest in the Site and is thus qualified to enter into and be a party to this Agreement under Development Agreement Law. Additionally, Owner has provided City with a letter authorizing the Project on the Site. If the Lease is prematurely terminated, then Developer shall have no further obligations under this Agreement.

2.3 Assignment Developer may not assign or otherwise transfer this Agreement, or its interest in the Site, without City's consent. Any potential transfer to any other person, firm, or entity must, at a minimum, demonstrate positive experience operating billboards similar to the Project, adequate financial resources and similar expertise in securing advertisers for billboards similar to the Project. Developer shall notify City of any such proposed assignment and provide all documentation necessary for City to verify compliance with the requirements in this Section

2.3 before the City Council considers any such transfer. Any transfer must meet the requirements of this Section 2.3 and shall be subject to the approval of the City Council. Such an approval is not guaranteed. The City Council will review the proposed transfer request, and review all documents provided thereto, and make a det ermination as to whether to approve the transfer request. If a transfer or assignment as permitted by this Section is approved, City shall look solely to such assignee or transferee for compliance with the provisions of this Agreement, which have been assigned or transferred.

2.4 Term of Agreement. Unless earlier terminated, this Agreement will continue in full force and effect until the earlier of: (i) twenty-five (25) years after the date City issues a final approval for the Project (the "Term Commencement Date"), ( ii) twenty-five years plus ninety (90) days after Developer receives the Final Permits, as defined below, or (ii i) the permanent removal of the Billboard pursuant to Section 4.7, herein. Upon expiration of the then current term, the parties may extend the term, subject to negotiation of a mutually acceptable escalator of the Development Fee/Mitigation Fee, based on then applicable market rates, which rates shall be subject to the parties' independent evaluation and demonstration in such negotiations. The Agreement will terminate on its own terms if the parties cannot agree to extend the Term. If no extension is agreed to, Developer may no longer be allowed to use digital displays on the Billboard and remove the pole, the Billboard and the entire display at no expense to the City.

2.5 Development Fee. The potential impacts of the Project on the City and surrounding community are difficult to identify and calculate. Developer and City agree that an annual development fee/mitigation fee be paid by Developer to City would adequately mitigate all such potential impacts and costs . The parties t herefore agree that Developer shall pay an annual development fee to City of Seventy -Two Thousand Dollars ($72,000.00) per year, increased every five (5) year anniversary of the Term Commencement Date by the increase in the CPI -U over the immediately preceding five (5) year period calculated as follows: no later than 30 days after the end of the 60 th month following the Effective Date, the Development Fee /Mitigation Fee will be increased in accordance with the increase in the CPI over the preceding five year term. Such increases will be calculated by using the following formula: R2 = R1 x New CPI divided by Old CPI Where: R2 = the Development Fee /Mitigation Fee payable for the relevant 60-month period of the Term and R1 = the Development F ee/Mitigation Fee specified for the previous five years. New CPI means the average published CPI for the five -year term ending prior to the date of commencement of the relevant 60-month period of the term. Old CPI means the last published CPI for a quarter ending prior to the Effective Date of this Agreement. Should the CPI increase exceed more than 10% in any given year the maximum amount applied will be 10% or whichever is lower. If the CPI decreases, no change will be made to the Development Fee/Mitigation Fee. Developer shall use commercially reasonable efforts to construct the Billboard as soon as practicable but must be completed no later than 12 months after the date the City approves the Development Agreement and it is signed by the City Council an d/or Mayor.

Developer is permitted a 6 month extension for “good cause” which must be submitted in writing to the City. Whether or not “good cause” exists for an extension shall be decided by the City.

2.6 City Facility Authorized: Developer will install a sign announcing the City’s name on the pole wrap , with the final design agreed to between the City & Developer . City may also install telecommunication equipment (the “Equipment”) on the pole at no cost to and upon approval of Developer if and only if City and telecom provider enter into an indemnification, defense and hold harmless agreement regarding the Equipment on the Billboard acceptable to Developer.

2.7 Fixed Facility Fee: Should City or Developer enter into any agreement for the installation of an antenna or wireless communication device for cellular, wi -fi or other service on the Billboard (the “Device”), the party receiving payment for the Device shall pay to the other party an annual fixed facility fee of fifteen percent (15%) of the gross revenue collected as a result of the Device as additional revenue. The party receiving the additional revenue shall have the right to review and audit the revenue received within 30 days upon request by the other party.

2.8 Prohibited Use. Developer shall not utilize any of the displays on the Billboard to advertise tobacco, or tobacco products including but not limited to vape devises, marijuana, "gentlemen's clubs," adult entertainment businesses, sexually oriented materials, or use sexually oriented images or language images, and language; “obscene matter,” as that term is defined in California Penal Code section 311; or any matter that is prohibited by any City ordinance existing as of the Effective Date of this Agreement and equally -applicable to all billboard display s. In addition, the Developer shall at all times comply with Article 7 § 5402 of the Outdoor Advertising Act from the Business and Professions Code. Developer shall immediately remove any prohibited content upon notice from the City. If there is a dispute between Developer and City as to whether any such content is prohibited, Developer shall immediately remove the disputed content until the dispute is resolved.

2.9 City’s Use of Digital Sign: Developer shall also provide, free of charge to City on a space available basis, up to five percent of total advertising time on the New Digital Billboard for purposes of posting public service announcements and City-related advertising or announcements (“City Advertising”). Notwithstanding the above, City shall have no right and Developer shall have no obligation to post City Advertising for more than five (5) percent of the Digital Billboard’s total advertising time, however such time shall be equally spread throughout each 24- hour period. The City shall submit all proposed copy to Developer not less than five (5) business days prior to the date the copy is proposed to be displayed. All proposed City Adver tising copy shall be prepared and submitted at the City’s sole cost, shall be in a format ready for posting on the New Digital Billboard, and shall be subject to Developer’s standard advertising copy rejection and removal policies, which allow Developer to approve or disapprove copy and remove copy once posted or displayed. City represents and warrants all copy, content and materials supplied by City to Developer for display under this Agreement : (i) are owned or duly licensed by City and do not infringe or misappropriate the rights of any other person or entity; (ii) comply with all applicable federal, state, and local laws, rules and regulations and any industry codes or rules by which City and/or Developer may be bound and do not contain any obscene, libelous, slanderous or otherwise defamatory materials or refer in an offensive manner to the gender, race or ethnicity of any individual or group; (iii) are accurate and that all claims contained therein have been substantiated; and (iv) do not infringe upon any copyright, trademark or other intellectual property or privacy right of any third party. Any content provided by City shall be owned and belong exclusively to the City, and Developer shall not reproduce, sell, or give away any such content without the advance written consent of the City.

2.10 Public Safety Messages. Developer agrees to participate with Caltrans and other agencies, at no cost to City, and shall comply with and post all "Amber A lerts" and emergency messages in accordance with applicable guidelines and any public safety messaging required by applicable state or federal law.

3. DEVELOPMENT AND IMPLEMENTATION OF THE PROJECT.

3.1 Rights to Develop Digital Billboard on the Site. Subject to and during the Term of this Agreement, Developer shall develop the Project on the Site in accordance with and to the extent provided in the Development Approvals, the Land Use Regulations, and this Agreement, provided that nothing in this Agreement shall be deemed to modify or amend the Lease.

3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement, the rules, regulations and official policies governing the improvement and construction standards and specifications applicable to the development of the Project shall be as set forth in the Land Use Regulations, as such term is defined in Section 2.1.7, which are in full force and effect as of the Effective Date, subject to the terms of this Agreement.

3.3 Development Approvals. Developer shall, at its own expense and before commencement of the development of the Project, secure or cause to be s ecured all necessary Development Approvals, which shall include any and all permits and approvals which may be required by City or any other governmental agency or utility affected by such construction, development or work to be performed by Developer, inc luding but not limited to, necessary building permits and all approvals required under the California Environ mental Quality Act ("CEQA"). Not by way of limiting the foregoing, in developing and constructing the Project, Developer shall comply with all (1) applicable development standards in City's Municipal Code, (2) NPDES requirements pertaining to the Project, if applicable, (3) all applicable building codes and zoning codes, except as may be permitted through approved variances and modifications. Develop er shall deposit fifteen thousand dollars ($15,000) upon submittal of this Agreement for approval by the City Council, and pay all normal and customary fees, charges and development impact fees applicable to such permits and any fees and charges hereafter imposed by City in connection with the Project, which are standard and uniformly applied to similar projects in the City.

3.4 Vested Rights. Except as otherwise provided in this Agreement, Developer shall have the vested right to develop the Project pursuant to the rules, regulations, and policies governing the use, density, intensity, design, improvement, construction, and building and occupancy standards, in effect on the Effective Date of this Agreement, as set forth in this Agreement, Project ent itlements, Section 153.170 of the Municipal Code, and all other applicable legal requirements in effect as of the Effective Date (collectively, “Applicable Law”). In light of the foregoing, City shall apply the Applicable Law when considering any actions or decisions pertaining to both discretionary and ministerial permits related to the Project and Project Site. It is the intent of City and Developer that the vesting of development rights of Developer shall include the permitted land uses, density and intensity of use of the Property, timing or phasing of development, zoning, provisions for reservation or dedication of land for public purposes, and the location and size of public improvements and other terms and conditions of development of the Project as set forth in the Project entitlements and this Agreement.

3.5 Timing of Project. Developer shall begin the Project (the "Commencement" or "Commence") as soon as commercially practicable following the approval of the Development Agreement by the City and signed by the Mayor. Developer shall use commercially reasonable efforts to construct the Billboard as soon as practicable but must be completed no later than 12 months after the date the City approves the Development Agreement and it is signed by the City Council and/or Mayor. Developer is permitted a 6 month extension for “good cause” which must be submitted in writing to the City. Whether or not “good cause” exists for an extension shall be decided by the City.

3.6 Procedure. Each party shall have a reasonable opportunity to assert matters which it believes have not been undertaken in accordance with the Agreement, including Exhibit “C”, to explain the basis for such assertion, and to receive from the other party a justificatio n of its position on such matters. If either party concludes that the other party has not complied in good faith with the terms of the Agreement, then such party may issue a written "Notice of Non - Compliance" (“Notice”) mailed to the non -complying party an d its Attorney, specifying the grounds therefore and all facts demonstrating such non-compliance. The party receiving a Notice shall have thirty (30) days to cure or remedy the non -compliance identified in the Notice, or if such cure or remedy is not reaso nably capable of being carried out to completion within such thirty (30) day period, to commence to cure or remedy the non compliance and to diligently and in good faith prosecute such cure or remedy to completion. If the party receiving the Notice does not believe it is out of compliance, it may contest the Notice by responding in writing to said Notice within thirty (30) days after receipt of the Notice. If a response to the Notice has not been received in the offices of the party alleging the non-compliance within the prescribed time period, the Notice shall be conclusively presumed to be valid. If a Notice is contested, the parties shall, for a period of not less than fifteen (15) days after receipt of the response, seek to arrive at a mutually acceptable resolution of the matter(s) occasioning the Notice. In the event a cure or remedy is not timely effected or, if the Notice is contested and the parties are not able to arrive at a mutually acceptable resolution of the matter(s) by the end of the fifteen (15) day period, the party alleging the non-compliance may thereupon pursue the remedies provided in Section 6.7.

Neither party hereto shall be deemed in breach of this Agreement if the reason for non - compliance is due to a "force majeure" as defined in, and subject to the provisions of Section

9.10. After complying with this Section 3.5, either party may seek termination of this Agreement as set forth herein, and in the event this Agreement is appropriately terminated, neither party shall have any further obligation hereunder. However, if circumstances within the scope of Section

9.10 delay the Commencement or completion of the Project, it would not constitute grounds for any termination rights found within this Agreement. In such case, the timeline to co mmence or complete the relevant task shall be extended in the manner described in this Agreement .

Notwithstanding the above, Developer shall, at all times, comply with all other obligations set forth in this Agreement regarding the construction of the Project on the Site. Developer shall also maintain the Billboard at all times during the Term in good condition and repair.

Notwithstanding, because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal. 3d 465 (1984), that the failure of the parties in that case to provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over the parties’ agreement, it is the specific intent of the Parties to provide for th e timing of the Project in this Agreement. However, notwithstanding anything in this agreement, Developer shall use commercially reasonable efforts to construct the Billboard as soon as practicable but must be completed no later than 12 months after the da te the City approves the Development Agreement and it is signed by the City Council and/or Mayor. Developer is permitted a 6 month extension for “good cause” which must be submitted in writing to the City.

Whether or not “good cause” exists for an extension shall be decided by the City.

3.7 Changes and Amendments. Developer may determine that changes to the Development Approvals are appropriate and desirable. In the event Developer makes such a determination, Developer may apply in writing for an amendment to the Development Approvals to effectuate such change(s). The parties acknowledge that City shall be permitted to use its inherent land use authority in deciding whether to approve or deny any such amendment request; provided, however, that in exercising the foregoing the City shall use reasonable discretion and s hall not apply a standard different than that used in evaluating requests of other developers. Accordingly, under no circumstance shall City be obligated in any manner to approve any amendment to the Development Approvals. The City Manager shall be authorized to approve, without processing an amendment to this Agreement, any non -substantive amendment to the Development Approvals that does not: (i) adversely impact and/or diminish Developer’s rights as provided hereunder, and (ii) affect and/or block the visibility of the Digital Display or accessibility to the Billboard. All other amendments shall require approval of the City Council. The parties acknowledge that an extension of the Term for no more than twenty -four (24) months is an example of a non-substantive change, which the City Manager, in his or her reasonable discretion, may approve in writing without processing an amendment to this Agreement. Nothing herein shall cause Developer to be in default under this Agreement if it upgrades the Billboard to incorporate newer technology or design; provided Developer shall secure all applicable ministerial permits to do so and such upgrade is consistent with the dimensions provided in this Agreement. All other amendments shall require the approval of the City Council.

4. RESERVATION OF AUTHORITY.

4.1 Limitations, Reservations and Exceptions . Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the development of the Project:

4.1.1 Processing fees and current charges of every kind and nature imposed by City to cover the estimated actual costs to City of processing applications for Subsequent Development Approvals.

4.1.2 Procedural regulations consistent with this Agreement relating to hearing bodies, petitions, applications, notices, findings, records, hearing, reports, recommendations, appeals and any other matter of procedure. Notwithstanding the foregoing, if such change materially changes Developer's costs or otherwise materially impacts its performance hereunder, Developer may terminate this Agreement upon ninety (90) days prior written notice.

4.1.3 All versions and changes of the Building Code as of the date this Development Agreement is signed and changes adopted by the International Conference of Building Officials, or other similar body, as part of the then most current versions of the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Mechanical Code, or National Electrical Code, as adopted by City as Subsequent Land Use Regulations, if adopted prior to the issuance of a building permit for development of the Billboard. Notwithstanding the foregoing, if such change materially changes Developer's costs or otherwise materially impacts its performance hereunder, developer may terminate this Agreement upon ninety (90) days prior written notice.

4.1.4 Regulations that are not in conflict with the Development Approvals or this Agreement.

4.1.5 Regulations that are in conflict with the Development Approvals or this Agreement, provided Developer has given written consent (agreed to by the City if necessary) to the application of such regulations to development of the Project.

4.1.6 Applicable Federal, State, County, and m ulti-jurisdictional laws and regulations which City is required to enforce as against the Site or the development of the Project and that do not have an exception for existing signs or legal nonconforming uses.

4.1.7 Future Discretion of City. This Agreement shall not prevent City from denying or conditionally approving any application for a Subsequent Development Approval on the basis of the Land Use Regulations.

4.1.8 Modification or Suspension by Federal, State, County, or Mu lti Jurisdictional Law. In the event that applicable federal, State, County, or multi - jurisdictional laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agree ment, and there is no exception for the legal nonconforming use, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such federal, State, County, or multi -jurisdictional laws or regulations, and this Agreemen t shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provision impractical to enforce.

4.2 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not subject to control by City may possess authority to regulate aspects of the development of the Project as contemplated herein, and this Agreement does not limit the authority of such other public agencies. Developer acknowledges and represents that, in addition to the Land Use Regulations, Developer shall, at all times, comply with all applicable federal, State and local laws and regulations applicable to t he Billboard and Site that do not have an exception for a legal nonconforming use. To the extent such other public agencies preclude development or maintenance of the Project and that do not have an exception for a legal nonconforming use, Developer shall not be further obligated under this Agreement except as provided in Section 4.1. Notwithstanding the foregoing, if such action by another public agency materially changes Developer's costs or otherwise materially impacts its performance hereunder, Developer may terminate this Agreement upon ninety (90) days prior written notice.

4.3 Public Improvements. Notwithstanding any provision herein to the contrary, City shall retain the right to condition any subsequent Development Approvals to require Developer to pay any required development fees, including but not limited to any and all Development Impact Fees and/or to construct the required public infrastructure at such time as City shall determine.

4.4 Fees, Taxes and Assessments. This Agreement shall not prohibit the application of customary fees, taxes or assessments upon the Site and/or the Billboard or D eveloper.

Notwithstanding anything to the contrary herein, if there is a change to those charges a s of the full execution hereof or any additional fees are charged and such additional or increased fees materially change Developer's costs or otherwise materially impact Developer's ability to perform the terms of this Agreement, Developer may terminate this Agreement upon ninety (90) days prior written notice.

5. REMOVAL OF BILLBOARDS

5.1 Removal by Developer. Developer has the right to negotiate an extension of the Term as an amendment to this Agreement. If City does not agree to the extension, Developer must remove the pole and billboard and the entire display at no cost to the City.

5.2 City's Right to Removal. Provided Developer is not in material breach hereof and after any applicable notice and cure period, City shall not have the right to remove the Billboard or limit access to or visibility of the Billboard in any way if such is within the control of the City.

Should such a breach by Developer occur, City is authorized to request the removal of the digital displays on the Bil lboard within ninety (90) days after complying with Section 6.2 herein.

6. REVIEW FOR COMPLIANCE.

6.1 Annual Review. The City may review this Agreement annually ("Annual Review") at City's sole cost, on or before each anniversary of the Term Commencement Date, to ascertain good faith compliance by Developer with the terms of the Agreement. However, no failure on the part of City to conduct or complete an Annual Review as provided herein shal l have any impact on the validity of this Agreement. Developer shall cooperate with City in the conduct of any Annual Review and provide the following information and documentation to City at least thirty (30) days before the anniversary of the Term: (1) description of al l complaints received regarding the Billboard including any content on the Billboard in violation of this Agreement, (2) any updates to Developer's contact information related to complaints concerning the Billboard, (3) status and amount of all payment obligations to the City required under this Agreement for the year in question and cumulatively beginning from the Commencement of the Project herein, (4) any easement or lease changes that could in any way materially impact the City or the obligations under this Agreement, (5) any utility changes that could i n any way materially impact City or the obligations under this Agreement, and (6) any maintenance issues needing to be addressed.

6.2 Procedure. Each party shall have a reasonable opportunity to assert matters which it believes have not been undertaken in acco rdance with the Agreement to explain the basis for such assertion, and to receive from the other pa rty justification of its position on such matters.

If, on the basis of the parties' review of any terms of the Agreement, either party concludes that the other party has not complied in good faith with the terms of the Agreement, then such party may issue a written "Notice of Non-Compliance" specifying the grounds therefore and all facts demonstrating such non-compliance. The party receiving a Notice of Non-Compliance, except for graffiti on the structure, shall have thirty (30) days to cure or remedy the non -compliance identified in the Notice of Non-Compliance with the exception of the following examples which Developer shall correct within 3 business days of receiving notice: graffiti on the structure, the posting of advertisements that violate the terms of this Agreement and any issue that presents a safety issue or a safety hazard. If the party receiving the Notice of Non -Compliance does not believe it is out of compliance and contests the Notice, it shall do so by responding in writing to said Notice within ten (10) days after receipt of the Notice. If the response to the Notice of Non-Compliance has not been received in the offices of the party alleging the non-compliance within the prescribed time period, the Notice of Non -Compliance shall be conclusively presumed to be valid. If a Notice of Non-Compliance is contested, the parties shall, for a period of not fewer than fifteen (15) days following receipt of the response, seek to arrive at a mutually acceptable resolution of the matter(s) occasioning the Notice. In the event that a cure or remedy is not timely effected or, if the Notice is contested and the parties are not able to arrive at a mutually acceptable resolution of the matter(s) by the end of the fifteen (15) day period, the party alleging the non compliance may thereupon pursue the remedies provided in Section 5.2

6. Neither party hereto shall be deemed in breach if the reason for non -compliance is due to a "force majeure" event as defined in, and subject to the provisions of, Section 8.16. Developer shall remove all graffiti on the Billboard within 5 days of learning that such graffiti exists.

6.3 Certificate of Agreement Compliance. If, at the conclusion of an Annual Review or a Special Review, Developer is found to be in compliance with this Agreement, City shall, upon request by Developer, issue a Certificate of Agreement Compliance ("Certificate") to Developer stating that, after the most recent Annual Review or Special Review, and based upon the information known or made known to the City Manager and City Council, that ( 1) this Agreement remains in effect and (2) Developer is in compliance. The Certificate, whether issued after an Annual Review or Special Review, shall be in recordable form and shall contain information necessary to communicate constructive record notice of the finding of compliance.

Developer may record the Certificate with the County Recorder.

7. DEFAULT AND REMEDIES.

7.1 Termination of Agreement.

7.1.1 Termination of Agreement for bilateral Default of Developer. City Council, in its discretion, may terminate this Agreement or seek any other remedy it deems appropriate for any material failure of Developer to perform any material duty or obligation of Developer hereunder or to comply in good faith with the terms of this Agreement (hereinafter referred to as "default" or "breach") beyond the applicable notice and cure period set forth in Subsection 6.2 above. In the event of a termination by City under this Section 6. 2, Developer acknowledges and agrees that City may retain all fees accrued up to the date of the termination.

7.1.2 Material Default of City. Developer, in its discretion, may terminate or seek any other remedy it deems appropriate for any material failure of City to perform any material duty or obligation of City hereunder or to comply in good faith with the term of this Agreement; provided, however, Developer may seek such remedy pursuant to this Section only after following the procedure set forth in Section 6.2.

7.1.3 Rights and Duties Following Termination. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to : (i) any obligations to have been performed prior to said termination, (ii) any default in the performance of the provisions of this Agreement that occurred prior to said termination, (iii) D eveloper's obligation to convert the Billboard to a static display or remove the Billboard pursuant to Section

2.4, or (iv) any continuing obligations to indemnify the other party.

8. INSURANCE, INDEMNIFICATION AND WAIVERS.

8.1 Insurance.

8.1.1 Types of Insurance.

(a) Liability Insurance. Beginning on the Effective Date hereof and until completion of the Term, Developer shall, at its sole cost and expense, keep or cause to be kept in force for the mutual benefit of Developer and City, as additional named ins ured, comprehensive broad form general liability insurance against c laims and liabilities related to this Agreement or t he indemnifi cation provisions of this Agreement .

Developer has agreed to indemnify City hereunder to the extent of the liability insurance coverage with respect to its use, occupancy, disuse or condition of the Site, improvements or adjoining areas or ways, affected by such use of the Site or for property damage, providing protection of a least Two Million Dollars ($ 2,000,000) for bodily injury or death to any one person at least Four Million Dollars ($4,000,000) in the aggregate for any accidents or occurrences , and at least One Million Dollars ($1,000,000) for property damage. Developer shall also furnish or cause to be furnished to Ci ty evidence that any contractors with whom Developer has contracted for the performance of any work for which Developer is responsible maintains the same coverage required of Developer.

(b) Worker's Compensation. Developer shall also furnish or cause to be furnished to City evidence that any contractor with whom Developer has contracted for the performance of any work for which Developer is responsible hereunder carries worker's compensation insurance as required by law.

(c) Insurance Policy Form, Sufficiency, Content and Insurer. All insurance required by express provisions hereof shall be carried only by responsible insurance companies qualified to do business by California with an AM Best Rating of no less than "A-". All such policies shall be n on-assignable and shall contain language, to the extent obtainable, to the effect that (i) the insurer waives the right of subrogation against City and against City's agents and representatives except as provided in this Section; (ii) the policies cannot be canceled or materially changed except after written notice by the insurer to City or City's designated representative as expeditiously as insurance company agrees to provide notice. Developer shall furnish City with certificates evidencing the insurance and City shall be named as an additional insured on all liability policies of insurance required to be procured by the terms of this Agreement.

8.1.2 Failure to Maintain Insurance and Proof of Compliance. Developer shall deliver to City, in the manner required for notices, copies of certificates of all insurance policies within the following time limits:

(a) For the insurance required above, within seven (7) days after the Effective Date.

(b) City may ask to see copies of the current certificates for all insurance policies required.

City also reserves the right to obtain copies of the entire insurance policy, including endorsements. If Developer fails or refuses to procure or maintain insurance as required hereby or fails or refuses to furnish City with re quired proof that the insurance has been procured, is in force, and is paid for, City will notify Developer to provide such insurance within 30 days. After such 30-day cure period, any continuing refusal shall be deemed a default hereunder.

8.2 Indemnification.

8.1.1. General. Developer shall defend and indemnify and its officers, employees, and agents against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions, or liabilities (herein "claims or liabilities") that may be asserted or claimed by any person, fi rm, or entity not a party to this Agreement arising out of or in connection with CEQA , the billboard structure, advertisements, displays, digital board, any required approvals, any required permits, work, operations, or any activities of Developer, its agents, employees, subcontractors, or invitees, hereunder, related to the Project. City will promptly notify the permittee of any such claim, action, or proceeding against the City and will cooperate fully in the defense. To this end:

8.1.2. Developer will defend and hold the City harmless regarding any action or actions filed in connection with any of said claims or liabilities covered by the indemnification provisions herein and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith, which attorneys will be the attorneys hired by the insurance company where insurance coverage applies.

Developer will promptly pay any judgment rendered against City or its respective officers, agents, or employees for any claims filed against City related to this Project, its permits its required approvals, CEQA issues, and such claims or liabilities arising out of or in connection with such work, operations, or activities of Developer hereunder, and Developer agrees to save and hold City and its officers, agents, and employees harmless therefrom.

8.1.3. Exceptions. The foregoing indemnity shall not include claims or liabilities arising from the sole negligence or willful misconduct of City, its office rs, agents, or employees, who are directly responsible for City.

8.1.4. Additional Coverage. Without limiting the generality of the foregoing for any reason whatsoever, Developer's indemnity obligation shall also include any liability arising by reason of:

(a) Any accident or other occurrence in or on the Site causing injury to any person or property whatsoever caused by Developer;

(b) Any failure of Developer to comply with the performance of all provisions of this Agreement;

(c) Any harm, delay, injury or other damage incurred by any party as a result of any subsurface conditions on the site caused solely by Developer, including but not limited to, the presence of buried debris, hazardous materials, hydrocarbons, or any form of soil contamination.

(d) Loss and Damage. Except as set forth below, City shall not be liable for any damage to property of Developer, Owners or of others located on the Site, nor for the loss of or damage to any property of Developer, Owners or others by theft or otherwise.

Except as set forth below, City shall not be liable for any injury or damage to persons or property resulting from fire, explosion, steam, gas, electricity, water, rain, dampness or leaks from any part of the Site or from the pipes or plumbing, or from the street, or from any environmental or soil contamination or hazard, or from any other latent or patent defect in the soil, subsurface or physical condition of the Site, or by any other cause of whatsoever nature. The foregoing two (2) sentences shall not apply (i) to the extent City or its agents, employees, subcontractors, invitees or representatives are the sole cause of such injury or damage when accessing the Site, (ii) to the extent covered in any permit to enter executed by the City, or (iii) a negligent or willful acts or omissions of the City, its employees, officials, representatives or agents which said negligence or willful acts are the sole cause of damage to any person or entity.

(e) Period of Indemnification. The obligations for indemnity under Section 8.1.1 to

8.1.4, shall begin on the Effective Date and shall survive termination of this Agreement, provided the actions or omissions subject to indemnification shall have occurred prior to termination.

8.3 Waiver of Subrogation. Developer and City each agrees that it shall not make any claim against, or seek to recover from the other or its agents, servants, or employees, for any loss or damage to it or to any person or property relating to this Project, except as specifically provided hereunder which include s but is not limited to, a claim for liability arising from the sole negligence or willful misconduct of City, its officers, agents, or employees, who are directly responsible for City.

9. MISCELLANEOUS PROVISIONS.

9.1 Recordation of Agreement. This Agreement shall be recorded with the County Recorder by the Developer within 10 days of execution. Written Amendments approved by the parties, and any cancellation, shall be similarly recorded.

9.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties with respect to the subject matter set forth herein, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agree ment. This agreement supersedes any and all prior agreements whether oral or in writing. Any amendment or modification to this Agreement must be made in writing and signed by the Mayor of the City of Baldwin Park and the Developer. Without both signatures on a modification or amendment, the amendment or modification is invalid and has no force or effect.

9.3 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, then that term, provision, covenant or condition of this Agreement shall be stricken and the remaining portion of this Agreement shall remain valid and enforceable if that stricken term, provision, covenant or condition is not material to the main purpose of this agreemen t, which is to allow the Project to be permitted and ope rated and to provide the Development Fee to the City; otherwise, this Agreement shall terminate in its entirety, unless the parties otherwise agree in writing, which agreement shall not be unreasonably withheld.

9.4 Interpretations and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair la nguage and common meaning, to achieve the objectives and purposes of the parties hereto. The rule of construction, to the effect that ambiguities are to be resolved against the drafting party or in favor of the non-drafting party, shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof.

9.5 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.

9.6 Singular and Plural. As used herein, the singular of any word includes the plural.

9.7 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.

9.8 Waiver. Failure of a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter.

9.9 No Third-Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit for the Parties, as well as their su ccessors and assigns. No other person shall have any right of action based upon any provision of this Agreement.

9.10 Force Majeure. Notwithstanding the contrary herein, neither party shall be deemed to be in default where failure or delay in the performance of any of its obligations under this Agreement is caused by earthquakes, other acts of God, fires, rains, winds, wars, terrorism, riots or similar hostilities, strikes and other labor difficulties beyond the party's control (including the party's employment force), government actions and regulations (other than those of the City), court actions (such as restraining orders or injunctions), or other causes beyond the pa rty's reasonable control. If any such events shall occur, the term of this Agreement and th e time for performance shall be extended for the duration of each such event.

9.11 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance of the covenants to be performed hereunder by such benefited party.

9.12 Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and shall have the same effect as if all of the parties had executed the same instrument.

9.13 Litigation. Any action at law or in equity arising under this Agreement or brought by any party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of th e County of Los Angeles, State of California, or such other appropriate court in said county. Service of process on City shall be made in accordance with California law. Service of process on Developer shall be made in any manner permitted by California law and shall be effective whether served inside or outside California. In the event of any action between City and Developer seeking enforcement of any of the terms and conditions to this Agreement, the prevailing party in such action shall be awarded, in a ddition to such relief to which such party is entitled under this Agreement, its reasonable litigation costs and expenses, including without limitation its expert witness fees and reasonable attorneys' fees.

9.14 Covenants Not To Sue. The Parties to this Agreement, and each of them, agree that this Agreement and each term hereof is legal, valid, binding, and enforceable and hereby covenant and agree that each of them will not commence, maintain, or prosecute any claim, demand, cause of action, suit, or other proceeding against any other party to this Agreement, in law or in equity, which is based on an allegation, or assert in any such action, that this Agreement or any term hereof is void, invalid, or unenforceable.

9.15 Project as a Private Undertaking. It is specifically understood and agreed by and between the Parties hereto that the development of the Project is a private activity, that neither Party is acting as the agent of the other in any respect hereunder, and tha t each Party is an independent contracting entity with respect to the terms covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Developer is that of a government entity regulating the development of private property, on the one hand, and the holder of a legal or equitable interest in such property on the other hand. City agrees that by its approval of and the entering into of this Agreement, that it is not taking any action that would transform this private Project into a "public work" project, and that nothing herein shall be interpreted to convey upon Developer any benefit that would transform Developer's private project into a public work project, it being understood that this Agreement is entered into by City and Developer upon the exchange of consideration described in this Agreement, including the Recitals to this Agreement which are incorporated into this Agreement and made a part hereof, and that City is receiving by and through this Agreement the full measure of benefit in exchange for the burdens placed on Developer by this Agreement.

9.16 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement.

Upon the request of either party at any time, the oth er party shall promptly execute, with acknowledgment or affidavit if reasonably required and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement.

9.17 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by City of its power of eminent domain or Developer's right to seek and collect just compensation or any other remedy available to it.

9.18 Corporate Authority. The person(s) executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such Party, if not an individual, is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement such Party is formally bound to the provisions of this Agreement, and (iv) th e entering into of this Agreement does not violate any provision of any other agreement to which such Party is bound.

9.19 Notices. All notices under this Agreement shall be effective when delivered by United States Postal Service mail, registered or ce1tified, postage prepaid return receipt requested; and addressed to the respective parties as set forth below or as to such other address as the parties may from time to time designate in writing by providing notice to the other party:

To City: City of Baldwin Park
14403 Pacific Ave.

Baldwin Park, CA 91706
Attn: City Manager

With Copy To: Robert Tafoya, Esq.

Baldwin Park, City Attorney
14403 E. Pacific Avenue
Baldwin Park, CA 91706

To Developer: Lamar Central Outdoor, LLC
1121 S. Boyle, Suite 201
Los Angeles, CA 90023
Attn: Ray Baker, Vice President & General Manager

With Copy to: Stream Kim Hicks Wrage & Alfaro
3403 Tenth Street, Suite 700
Riverside CA 92501
Attn: Ted Stream, Esquire

9.20 Non-liability of City Officials. No officer, official, member, employee, agent, or representatives of City shall be liable for any amounts due hereunder, and no judgment or execution thereon entered in any action hereon shall be personally enforced against any such officer, official, member, employee, agent, or representative.

9.21 No Brokers. City and Developer represent and warrant to the other that neither has employed any broker and/or finder to represent its interest in this transaction. Each party agrees to indemnify and hold the other free and harmless from and against any and all liability, loss, cost, or expense (including court costs and reasonable attorneys' fees) in any manner connected with a claim asserted by any individual or entity for any commission or finder's fee in connection with this Agreement or arising out of agreements by the indemnifying party to pay any commission or finder's fee.

9.22 No Amendment of Lease. Nothing contained in this Agreement shall be deemed to amend or modify any of the terms or provisions of the Lease. Nothing contained in this Agreement shall constitute or be deemed to constitute a limit on any of Developer's obligations under the Lease.

SIGNATURES ARE ON THE FOLLOWING PAGE
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year first set forth above.

CITY OF BALDWIN PARK

By: ____________________
Manuel Lozano
Its: Mayor·
ATTEST:

By: _______________________________
City Clerk

APPROVED AS TO FORM:

By: ________________________________
City Attorney

“DEVELOPER”

LAMAR CENTRAL OUTDOOR, LLC

By: _______________________________
Ray Baker
Its: Vice-President & General Manager
EXHIBIT "A"

LEGAL DESCRIPTION OF SITE

LOT: 6, 7 SUBD: EL MONTE WALNUT PLACE LICENSED SURVEYOR'S MAP AS PER BK 21 P 48 OF L S EX OF ST LOTS 6 AND LOT 7

APN: 8558-032-018

Exhibit C

SCOPE OF DEVELOPMENT INCLUDING SIGN PLANS
Developer and City agree that the Development shall be undertaken in accordance with the terms of the Agreement, which include the following:

1. Project. Developer shall construct the New Digital Billboard in accordance with the terms of this Agreement. The New Digital Billboard consists of one (1) approximately 65 feet tall, “bulletin” size freeway- oriented billboard with a total of two (2) digital displays (each display measuring 14’ x 48’ ) within the Site. In addition, Developer agrees to install, at no cost to City, a sign with the name “City of Baldwin Park” that is visible to and facing in both directions to I-10.

2. Building Fees. Developer shall pay all applicable City building fees, as described in this Agreement, at the time that a building permit is issued for the installation of the New Digital Billboard on the Site.

3. Maintenance and Access. Developer, for itself and its successors and assigns, hereby covenants and agrees to be responsible for the following:
(a) Maintenance and repair of the New Digital Billboard and Site (where authorized pursuant to the I-10 Freeway Site Lease ) including but not limited to, the displays installed thereon, and all related on-site improvements, easements, rights-of-way at its sole cost and expense. Developer’s maintenance and repair obligation shall include, without limitation, maintaining any po les, lighting, signs and walls in good repair and free of graffiti, rubbish, debris and other hazards to persons using the same. Developer shall maintain and repair the New Digital Billboard in accordance with all applicable laws, rules, ordinances and regulations of all federal, State, and local bodies and agencies having jurisdiction over the Site unless those federal, State, and local bodies have an exception for a legal nonconforming use. Such maintenance and repair shall include, but not be limited t o, the following: (i) sweeping and trash removal related to the Project; (ii) replacement of any fixtures, equipment or property damaged by the Project to the extent required by this Agreement or applicable law; (iii) the ongoing maintenance by the Developer of any access points to the New Digital Billboard to minimize dust caused by the Project; and (iv) the repair, replacement and repainting of the New Digital Billboard structures and displays as necessary to maintain such billboards in good condition and repair. (b) Maintenance of the New Digital Billboard Site (where authorized pursuant to the I- 10 Freeway Site Lease) in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance of the New Digital Billboard such as to be detrimental to the public health, safety or general welfare or that such a condition of deterioration or disrepair causes appreciable harm or is materially detrimental to property or improvements within three hundred (300) feet of the I-10 Freeway Site.

4. Other Rights of City. In the event of any violation or threatened violation of any of the provisions of this Exhibit “B,” then in addition to, but not in lieu of, any of the rights or remedies the City may have to enforce the provisions of this Agreement, the City shall have the right, after complying with Section 5.3 of this Agreement, (i) to enforce the provisions hereof by undertaking any maintenance or repairs required by Developer under Paragraph 3 above (subject to the execution of a permit or other instrument to enter in form reasonably acceptable to the owner of the Site) and charging Developer for any actual maintenance costs incurred in performing same, and (ii) to withhold or revoke in the manner proscribed by law, after giving written notice of said violation, any building permits, occupancy permits, certificates of occupancy, business licenses and similar matters or approvals pertaining to the New Digital Billboard.

5. No City Liability. The granting of a right of enforcement to the City does not create a mandatory duty on the part of the City to enforce any provision of this Agreement. The failure of the City to enforce this Agreement shall not give rise to a cause of action on the part of any person. No officer or employee of the City shall be personally liable to the Developer, its successors, transferees or assigns, for any default or breach by the City under this Agreement.

6. Conditions of Approval. The following additional conditions shall apply to the installation of the New Digital Billboard and, where stated, on the Site, shall conform to all applicable provisions of the Baldwin Park Municipal Code and the following conditions, in a man ner subject to the approval of the Planning Manager or designee:
(a) A building permit will be required and structural calculations shall be prepared by a licensed civil engineer and approved by the City Building Official. (b) The Billboard shall be locat ed in the portion of the Site as described in attached Exhibit A and as set forth herein and based on dimensions described in Section 1, above. (c) The size of each sign display of New Digital Billboard shall not exceed a maximum area of 672 square feet and shall not to exceed a maximum height of 65 feet, including all extensions, and shall be spaced at intervals that are no less than 500 feet from any other billboard on the same side of the freeway and measured parallel to the freeway as depicted in the Sign Plans set forth herein and approved by the City as part of the Development Approvals.
(d) Plans and specifications for the proposed installation of the New Digital Billboard, including all utility plans, shall be submitted to the City Planning and Buil ding Departments for plan check and approval prior to the issuance of building permits.
(e) Prior to the approval of the final inspection, all applicable conditions of approval and all mandatory improvements shall be completed to the reasonable satisfaction of the City. (f) Developer shall maintain the Site and use thereof in full compliance with all applicable codes, standards, policies and regulations imposed by the City, County, State or federal agencies by any duly and valid city, county or state ordin ance with jurisdiction over the facilities, unless the Project is exempted as a legal nonconforming use.
(g) Developer shall, at all time, comply with the approval for the New Digital Billboard from the California Department of Transportation Outdoor Adve rtising Division and shall maintain acceptable clearance between proposed billboards and Southern California Edison distribution lines. (h) The Developer shall pay any and all applicable fees due to any public agency pertaining to the New Digital Billboard prior to the final issuance of the building permits. (i) The activities proposed in this Agreement shall be conducted completely upon the Site and shall not use or encroach on any public right-of-way. (j) Developer shall ensure that all access to the New Digital Billboard is kept restricted to the general public to the extent permitted under local laws and by the I-10 Freeway Site Lease. (k) Developer shall comply with all necessary NPDES requirements pertaining to the proposed use, to the extent applicable.
(l) All graffiti shall be adequately and completely removed or painted over within 48 hours of notice to Developer of such graffiti being affixed on New Digital Billboard. (m) Developer shall comply with the standards as adopted by the Outdoor Advertising Association of America, Inc. (OAAA), including but not limited to, the 0.3 foot candles limitation over ambient light levels at 250 feet, and ensuring additional flexibility in reduci ng such maximum light level standard given the lighting environment, the obligation to have automatic diming capabilities, as well as providing the City’s Planning Manager or designee with a designated Developer employee’s phone number and/or email address for emergencies or complaints that will be monitored 24 hours a day/7 days per week. (n) In the event ten percent (10%) or more of the digital sign face is not operating correctly or in the event of a malfunction, upon receiving notice of the malfunction, Developer shall immediately turn the entire display off, or show a one hundred percent (100%) black image on the display until corrected.

EXHIBIT “B”

DEPICTION/SITE PLAN OF PROJECT

INITIAL STUDY AND MITIGATED NEGATIVE

DECLARATION

FOR THE

VIRGINIA AVENUE DIGITAL BILLBOARD PROJECT

JANUARY 25, 2022

Prepared for:

City of Baldwin Park –
Community Development Department
14403 E. Pacific Avenue
Baldwin Park, CA 91706
(626) 960-4011

Prepared by:

De Novo Planning Group
1020 Suncast Lane, Suite 106
El Dorado Hills, CA 95762
(916) 580-9818
D e N o v o P l a n n i n g G r o u p
A L a n d U s e P l a n n i n g , D e s i g n , a n d E n v i r o n m e n t a l F i r m

INITIAL STUDY AND

MITIGATED NEGATIVE DECLARATION

FOR THE

VIRGINIA AVENUE DIGITAL BILLBOARD PROJECT

JANUARY 25, 2022

Prepared for:

City of Baldwin Park –
Community Development Department
14403 E. Pacific Avenue
Baldwin Park, CA 91706
(626) 960-4011

Prepared by:

De Novo Planning Group
1020 Suncast Lane, Suite 106
El Dorado Hills, CA 95762
(916) 580-9818

Virginia Avenue Digital Billboard Project
Initial Study/Mitigated Negative Declaration

January 2022 Page i

Table of Contents

1.0 INTRODUCTION ................................................................................................................................. 1

2.0 PROJECT DESCRIPTION ...................................................................................................................... 3

3.0 ENVIRONMENTAL CHECKLIST FORM .............................................................................................. 12

4.0 ENVIRONMENTAL ANALYSIS ........................................................................................................... 15

4.1 Aesthetics .................................................................................................................................... 15

4.2 Agriculture and Forestry Resources ............................................................................................ 24

4.3 Air Quality ................................................................................................................................... 26

4.4 Biological Resources .................................................................................................................... 29

4.5 Cultural Resources ...................................................................................................................... 32

4.6 Energy ......................................................................................................................................... 34

4.7 Geology and Soils ........................................................................................................................ 36

4.8 Greenhouse Gas Emissions ......................................................................................................... 40

4.9 Hazards and Hazardous Materials .............................................................................................. 43

4.10 Hydrology and Water Quality ..................................................................................................... 46

4.11 Land Use and Planning ................................................................................................................ 49

4.12 Mineral Resources ...................................................................................................................... 51

4.13 Noise ........................................................................................................................................... 52

4.14 Population and Housing .............................................................................................................. 56

4.15 Public Services ............................................................................................................................. 57

4.16 Recreation ................................................................................................................................... 59

4.17 Transportation ............................................................................................................................ 60

4.18 Tribal Cultural Resources ............................................................................................................ 63

4.19 Utilities and Service Systems ...................................................................................................... 65

4.20 Wildfire........................................................................................................................................ 67

4.21 Mandatory Findings of Significance ............................................................................................ 69

5.0 REFERENCES .................................................................................................................................... 71

6.0 REPORT PREPARATION PERSONNEL ............................................................................................... 74

Appendices
Appendix A – Sign Lighting Study
Appendix B – Approved Plans
Appendix C – Tribal Consultation Letters
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1.0 INTRODUCTION
This Initial Study (IS) / Mitigated Negative Declaration (MND) evaluates the Virginia Avenue Digital Billboard Project (hereafter, “Project”) proposed by Lamar of Los Angeles (hereafter, “Project Applicant”).

The Project is proposed on the northern portio n of a parcel (hereafter “Project site”) located at 1529 Virginia Avenue, and immediately south of Interstate 10 in the City of Baldwin Park, Los Angeles County, California. The Project Applicant proposes to construct and operate a dual -faced, digital/light emitting diodes (LED) billboard with associated infrastructure connections on the Project site. Under existing conditions, the property is fully developed with a commercial/industrial use (i.e., Industrial Powder Coatings) to which the Project would contribute additional development in the form of a billboard.

1.1 Purpose of this Document
The Project is the subject of analysis in this document pursuant to the California Environmental Quality Act (CEQA). The content of this MND complies with all criteria, standards, and procedures of CEQA (California Public Resource Code Section 21000 et se q.) and the CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, Section 15000 et seq.).

CEQA is a statewide environmental statute contained in Public Resources Code §§21000 -21177 that applies to most public agency decisions to carry out, authorize, or approve actions that have the potential to adversely affect the environment. CEQA requires that before a public agency makes a decision to approve a project that could have one or more adverse effects on the physical environmen t, the agency must inform itself about the project’s potential environmental impacts, give the public an opportunity to comment on the environmental issues, and take feasible measures to avoid or reduce potential harm to the physical environment.

As defined by CEQA Guidelines §15367, the City of Baldwin Park is the Lead Agency for the proposed Project. “Lead Agency” refers to the public agency that has the principal responsibility for carrying out or approving a project. One discretionary approval is required of the City of Baldwin Park to implement the proposed Project: a Development Agreement between the Project Applicant and Lead Agency.

Administrative approvals would consist of the issuance of a building permit. These actions and other approval act ions required of the City of Baldwin Park and/or other governmental agencies to fully implement the proposed Project are described in more detail in Section 2.0, Project Description. If this MND is approved by the City of Baldwin Park, Responsible and Trustee agencies with approval authorities over the Project can use this MND as the CEQA compliance document as part of their decision -making processes.

1.2 CEQA Requirements for Mitigated Negative Declarations A MND is a written statement by the Lead Agency briefly describing the reasons why a proposed project, which is not exempt from the requirements of CEQA, will not have a significant effect on the environment and therefore does not require preparation of an Environmental Impact Report (EIR) (CEQA Guidelines §15371). The CEQA Guidelines require the preparation of a MND if the Initial Study prepared for a project identifies potentially significant effects, but: 1) revisions in the project plans or proposals m ade by, or agreed to by the applicant before a proposed MND and Initial Study are released for public review would avoid or mitigate the effects where clearly no significant effects would occur; and 2) there is no substantial evidence, in light of the whol e record before the Lead Agency, that the project as revised may have a significant effect on the environment (CEQA Guidelines §15070[b]).

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1.3 Format and Content of this Mitigated Negative Declaration The following items comprise the MND in its entirety:
1) This document, including all Sections. Section 3.0 contains the completed Environmental Checklist/Initial Study and Section 4.0 contains the proposed Project’s associated analyses, which documents the evidence relied upon to support the findings and conclusions of the Initial Study. 2) The Mitigation Monitoring and Reporting Program (MMRP), which lists the mitigation measures that the City of Baldwin Park has identified and imposed on the proposed P roject to ensure that the Project’s environmental effects are reduced to less -than-significant levels. The basis for the MMRP is found in the Environmental Checklist/Initial Study. The MMRP also indicates the required timing for the implementation of eac h mitigation measure, identifies the parties responsible for implementing and/or monitoring the mitigation measures, and identifies the level of significance following the incorporation of mitigation 3) One technical report is attached as Technical Appendix A. This report is also on file and available for public review at the City of Baldwin Park, Community Development Department (14403 East Pacific Avenue, Baldwin Park, CA 91706) and is hereby incorporated by reference pursuant to CEQA Guidelines §15150.

A. Sign Lighting Study, prepared by Daktronics, and dated December 11, 2020 4) Approved plans (elevations and colored renderings) are attached as Technical Appendix B. These plans are also on file and available for public review at the City of Baldwin Park, Community Development Department (14403 East Pacific Avenue, Baldwin Park, CA 91706) and is hereby incorporated by reference pursuant to CEQA Guidelines §15150.

A. Sign Elevations, prepared by RMG Outdoor Inc., and dated March 27, 2020 B. Sign Colored Renderings, prepared by Equity Sign Group, and dated July 8, 2020 5) Tribal consultation letters are attached as Technical Appendix C.

1.4 Preparation and Processing of this Mitigated Negative Declaration The City of Baldwin Park, Community Development Department, directed and supervised the preparation of this MND. Although prepared with assistance of the consulting firm De Novo Planning Group, the content contained within and the conclusions drawn by this MND reflect the sole independent judgment of the City of Baldwin Park.

This MND and a Notice of Intent (NOI) to adopt the MND will be distributed to the following entities for a 30-day public review period: 1) organizations and individuals who have previously requested such notice in writing to the City of Baldwin Park; 2) direct mailing to the owners of property contiguous to the Project site as shown on the latest equalized assessment roll; 3) responsible and trustee agencies (public agencies that have a level of discretionary approval over some component of the proposed Project); 4) the County of Los Angeles Clerk; and 5) the California Office of Planning and Research, State Clearinghouse, for review by State agencies. T he NOI identifies the location(s) where the MND and its associated MMRP and Technical Appendices are available for public review. In addition, notice of the public review period also will occur via posting of a notice at City Hall (14403 East Pacific Avenue), via standard mailing to property owners located within a 300 -foot radius of the Project site, and publication in a newspaper of general circulation in the Project area. The NOI also establishes a 30 -day public review period during which Virginia Avenue Digital Billboard Project
Initial Study/Mitigated Negative Declaration

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comments on t he adequacy of the MND document may be provided to the City of Baldwin Park, Community Development Department.

Following the 30-day public review period, the City of Baldwin Park will review any and all comment letters received and determine whether any substantive comments were provided that may warrant revisions to the MND document. If substantial revisions are not necessary (as defined by CEQA Guidelines §15073.5(b)), then the MND will be finalized and forwarded to the City of Baldwin Park Planning Commission for review as part of their deliberations concerning the proposed Project. A public hearing(s) will be held before the City’s Planning Commission to consider the proposed Project and the adequacy of this MND. Public comments will be heard and co nsidered at the hearing(s). If the MND is approved by the Planning Commission, the Project would be recommended for approval to the City of Baldwin Park City Council. If approved, City Council would adopt findings relative to the Project’s environmental effects as disclosed in the MND and a Notice of Determination (NOD) will be filed with the County of Los Angeles Clerk.

2.0 PROJECT DESCRIPTION

2.1 Project Location
The Virginia Avenue Digital Billboard Project (Project) site is located in the City of Baldwin Park within the County of Los Angeles; refer to Figure 1, Regional Vicinity. The City of Baldwin Park is located in the south- central portion of Los Angeles County and is bordered to the north by the City of Irwindale, to the east by the City of West Covina, to the south by the City of Industry and unincorporated Los Angeles County, and to the west by the City of El Monte. The Project site is located at 1529 Virginia Avenue, Baldwin Park (APN 8558-032-018), abutting Interstate 10 (I-10) to the north; refer to Figure 2, Project Location, and Figure 3, Site Plan.

Regional access to the site is provided via the Harbor Freeway (Interstate [I] 110) to the north. Local access to the site is provided primarily from Virginia Avenue.

2.2 Existing Setting

EXISTING SITE USES
As shown on Figure 3: Site Plan , under existing conditions, an existing commercial/industrial building occupied by Industrial Powder Coatings is located within the Project site. A small asphalt-paved parking lot and storage area is located surrounding the commercial building. The north-central portion of the Project site, where the proposed billboard would be installed, is asphalt -paved. A grassy s trip of land separates the Project site from the I-10 freeway corridor.

GENERAL PLAN AND ZONING
The Project site is designated “Commercial/Industrial (CI)” by the City’s General Plan Land Use Map. The Project site is zoned “Industrial Commercial (I-C)”. The I-C zoning designation is intended to provide areas for the development of industrial parks, office complexes and light manufacturing businesses. (Baldwin Park, 20 20, § 153.050.010) No General Plan land use amendment or zoning change is proposed or required.

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SURROUNDING LAND USES
As shown on Figure 3: Site Plan , the Project site is bounded on the north by the I -10 freeway and an associated high freeway sound wall ; on the south by Virginia Avenue, south of which is a s ingle-family residential neighborhood; on the west by an existing commercial/industrial building occupied by Industrial Powder Coatings; and on the east by an In-N-Out Company Store. Additional commercial uses are located to the south of the project site, including House of Lumber Plywood and Hardware.

2.3 Project Characteristics
The Project evaluated in this MND is proposed by Lamar of Los Angeles (the “Project Applicant”) and is referred to as “Virginia Avenue Digital Billboard Project.” The Project Applicant is proposing to install and operate an approximately 90-foot tall digital billboard, located at 1529 Virginia Avenue, on a developed industrial parcel within the City of Baldwin Park, adjacent to the I-10 freeway corridor.

As shown in Figures 2 and 3, the Project is located on a developed property that abuts the southern edge of the I-10 freeway, in the southeastern portion of the City of Baldwin Park. The proposed Project involves the construction of a dual -faced, digital/LED billboard with associated infrastructure connections. As shown on in Figure 3, Site Plan, the Project Applicant proposes to construct the billboard on the north - central portion of the triangle-shaped site. Project operation would include displaying of alternating LED advertisements on either of side of the billboard. The Project does not propose to alter the existing on - site commercial building (occupied by Industrial Powder Coatings). The operational characteristics of the Project are not expected to change the characteristics of the existing Project site in any way that could result in reasonably foreseeable environmental effects.

2.4 Project-Related Approvals

CALTRANS OUTDOOR ADVERTISING (ODA) DISPLAY PERMIT (CALTRANS) Pursuant to the Federal Highway Beautification Act (1965) and State Outdoor Advertising Act (2014), Caltrans is responsible for regulating the placement of outdoor advertising displays visible from California Highways and performing regular reviews of outd oor advertising displays located adjacent to freeways and highways identified on the National Highway System. The Project proposes to develop a digital, dual- faced billboard adjacent to the I -10 freeway; therefore, the Project would be subject to approval of an Outdoor Advertising (ODA) Display Permit by Caltrans. The ODA Display Permit would assure that certain location and design features of the Project would be met, including, but not limited to, the following:
• The billboard must be located outside the right-of-way of any highway; • There must be an existing business activity within 1,000 feet of the proposed billboard; The digital billboard must be 1,000 feet from any other digital billboard; • The digital billboard must be 500 feet from any other static billboard; and • The maximum display area is set at 25 feet in height by 60 feet in length. (Caltrans, 2021) The approval of the ODA Display Permit Application, in and of itself, would not lead to a physical change in the environment other than the fore seeable changes inherit of the construction and operation of the proposed billboard Project described in this document.

REQUESTED ENTITLEMENTS
The Project requests approval of the following entitlements:

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• Development Agreement between the City and the Developer to install a digital billboard within the corridor of an interstate freeway (I-10 freeway);
• Building Permit (City of Baldwin Park);
• Approval of a development/design plan pursuant to the Outdoor Advertising Act (Caltrans)

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VIRGINIA AVENUE DIGITAL BILLBOARD PROJECT

BALDWIN PARK, CALIFORNIA
Figure 1. Project Regional Location
Legend
^_ Sign Location
County Boundary
Sources: CalAtlas; Los Angeles County. Map date: December 28, 2020.

S a n G a b r i e l M o u n t a i n s
0 52½
Miles
³
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^_
Francisquito Ave
Amar Rd
Puente Ave
NPuenteAve
Baldwin Park Blvd
Edanruth Ave
Robinette Ave
Tracy St
Whitesell St
Donaldale St
Mayland Ave
Waco St
Le Borgne Ave
Big Dalton Ave
Judith St
Feather Ave
Ardilla Ave
BarrydaleSt
Van Wig Ave
NSiestaAve
Stichman Ave
RathSt
NolandaleSt
Frazier St
Sauder St
N Stichman Ave Cagliero St
Maine Ave
Foster Ave
Vineland Ave
Dalewood St
Paddy Ln
Garvey Ave
N Ahern Dr
Millbury Ave
Earl Ave
Corak St
Dancer St
Joycedale St
Via Rosa
Hamburger Ln
Durness St
N Feather Ave
Janetdale St
Remey Ave
Ragus St
Dillerdale St
Rexwood Ave
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Virginia Ave
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VIRGINIA AVENUE DIGITAL BILLBOARD PROJECT

BALDWIN PARK, CALIFORNIA
Figure 2. Project Location
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Feet
Legend
^_ Sign Location
City of Baldwin Park
Other Incorporated Areas
B a l d w i n P a r k
Sources: Los Angeles County GIS; ArcGIS Online World Imagery Map Service; Google Maps.

Map date: December 28, 2020
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VIRGINIA AVENUE

DIGITAL BILLBOARD PROJECT

BALDWIN PARK, CALIFORNIA
Figure 3. Site Plan
³
0 2010
Feet
Legend
Project Parcel
Other Parcels
See Inset Map for Profile View
Inset Map
Source: CRC Enterprises; Los Angeles County GIS. Map date: December 28, 2020.

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3.0 ENVIRONMENTAL CHECKLIST FORM

BACKGROUND

1. Project Title: Virginia Avenue Digital Billboard

2. Lead Agency Name and Address:

City of Baldwin Park
Community Development Dept.
14403 East Pacific Avenue
Baldwin Park, CA 91706

3. Contact Person and Address:

Melissa Chipres
Associate Planner
City of Baldwin Park, City Planner
14403 East Pacific Avenue
Baldwin Park, CA 91706
Email: [email protected]

4. Project Location: 1529 Virginia Avenue, Baldwin Park, California

5. Project Sponsor’s Name and Address:

Lamar of Los Angeles
1121 S. Boyle Avenue Suite 201
Los Angeles, CA 90023

6. General Plan Designation: Commercial/Industrial (CI)

7. Zoning: Industrial Commercial (I-C)

8. Description of the Proposed Project: See Section 2.3.

9. Surrounding Land Uses and Setting: See Section 2.2.

10. Other public agencies whose approval is required: Caltrans for approval of a development/design plan pursuant to the Outdoor Advertising Act

11. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.? At the time this Initial Study was made available for public review, one request for consultation ha s been received (by the Gabrieleno Band of Mission Indians – Kizh Nation). A tribal representative from the Gabrieleno Band of Mission Indians – Kizh Nation is anticipated to be present during some or all of the Project construction activities.

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ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this Project, involving at least one impact that is a “Potentially Significant Impact” or “Less Than Significant With Mitigation Incorporated” as indicated by the checklist on the following pages.

Aesthetics Agriculture and Forestry Resources Air Quality Biological Resources X Cultural Resources Energy
Geology and Soils Greenhouse Gas Emissions Hazards and Hazardous Materials
Hydrology and Water Quality Land Use and Planning Mineral Resources Noise Population and Housing Public Services
Recreation Transportation Tribal Cultural
Resources
Utilities and Service Systems Wildfire Mandatory Findings of Significance

DETERMINATION
On the basis of this initial evaluation:

I find that the proposed Project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

X
I find that although the proposed Project could have a significant effect on the environment, there will not be a significant effect in this case becau se revisions in the Project have been made by or agreed to by the Project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.

I find that the proposed Project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

I find that the proposed Project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

I find that although the proposed Project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed Project, nothing further is required.

CITY OF Baldwin Park

_________________________________________________

_________________________
Date

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EVALUATION OF ENVIRONMENTAL IMPACTS
The environmental analysis in this section is patterned after CEQA Guidelines Appendix G. An explanation is provided for all responses with the exception of “No Impact” responses, which are supported by the cited information sources. The responses consider the whole action involved, including on - and off-site project level and cumulative, indirect and direct, and short-term construction and long-term operational impacts. The evaluation of potential impacts also identifies the significance criteria or thresh old, if any, used to evaluate each impact question. If applicable, mitigation measures are identified to avoid or reduce the impact to less than significant. There are four possible responses to each question:
• Potentially Significant Impact . This response is appropriate when there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries, upon completion of the Initial Study, an EIR is required.

• Less than Significant With Mitigation Incorporated. This response applies when the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact". The Lead Agency must describe the mitigation measures and briefly explain how they reduce the effect to a less than significant level.

• Less than Significant Impact. A less than significant impact is one which is deemed to have little or no adverse effect on the environment. Mitigation measures are, therefore, not necessary, although they may be recommended to further reduce a minor impact.

• No Impact. These issues were either identified as having no impact on the environment, or they are not relevant to the project.

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4.0 ENVIRONMENTAL ANALYSIS

4.1 Aesthetics
Except as provided in Public Resources Code
Section 21099, would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Have a substantial adverse effect on a
scenic vista? X
b. Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within
a state scenic highway?
X
c. In non -urbanized areas, substantially
degrade the existing visual character or
quality of public views of the site and its
surroundings? (Public views are those that
are experienced from publicly accessible
vantage point). If the project is in an
urbanized area, would the project conflict
with applicable zoning and other
regulations governing scenic quality?
X
d. Create a new source of substantial light or
glare which would adversely affect day or
nighttime views in the area?
X

Existing Visual Setting
As depicted on Figure 3 , Site Plan , under existing conditions the Project site is fully developed. The southwest portion of the Project site is developed with an existing commercial building that is currently occupied by Industrial Powder Coatings . A small asphalt-paved parking lot and storage area is located surrounding the commercial building. The north-central portion of the Project site, where the proposed billboard would be installed, is asphalt -paved. A grassy strip of land and a high concrete wall separates the Project site from the I-10 freeway corridor . The proposed Project evaluated herein entails the construction of a dual-faced digital billboard on the north-central portion of the Project site.

Public views of the Project site are available primarily from motorists traveling along the I-10 freeway, and motorists and pedestrians traveling along Virginia Avenue. The visual character of the I-10 corridor in the vicinity of the Project site is established by views of commercial building frontages, c ement dividers located along the center and shoulder of the I -10, and large street trees. As shown on Figure 4, Visual Simulations, views of the southwest corner of the Project site experienced from the I-10 corridor consists of the frontage of the commercial building and nearby palm trees. Views of the Project site from Virginia Avenue include frontage views of the commercial building, asphalt parking lot, and vegetation .

Nonetheless, impacts to private views are not a subject of consideration in this MN D because the City does not have any ordinances or policies in place that protect views from privately-owned property.

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a) Have a substantial adverse effect on a scenic vista?

Less than Significant Impact. The Project site is located in a low-lying, valley floor in the southern portion of the City. The City of Baldwin Park General Plan does not identify or discuss scenic vistas throughout the City; however, the nearest potential scenic vistas within the vicinity include views of the San Ga briel Mountains, approximately 6.3 miles to the north, and the Hacienda Hills, approximately 3.3 miles to the southwest. These distant landforms are prominently visible from the Project site’s vicinity on clear days but not under typical conditions due to atmospheric haze that is common throughout the region.

With mandatory compliance with the City of Baldwin Park Municipal Code requirements for billboard signage, Project-related development would not adversely affect views of the San Gabriel Mountains from nearby public viewing areas on clear days when the mountains are visible because the maximum height of the billboard would reach approximately 90 feet above ground and would not result in obstruction of, or substantially detract from, public views of the mountains along the horizon. Because public views of the San Gabriel Mountains would still be available from public viewing areas surrounding the Project site and the proposed digital billboard would be substantially lower in height ( 90 feet above existing grade), compared to the approximate 10,000-foot peak height of the mountain range, the Project would not have a substantial adverse effect on the public views of the surrounding mountains. Accordingly, the Project would result in a less-than-significant impact on the San Gabriel Mountains scenic vista. (USGS, 2004)

Based on the foregoing analysis, the future development of a billboard on the north-central portion of the Project site would not have a substantial adverse effect on scenic vistas, and a less-than-significant impact would occur.

b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?

No Impact. Implementation of the proposed Project would not damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway. The Project site is not visible from a State scenic highway. Therefore, there is no potential for impacts to occur.

Under existing conditions, the entirety of the Project site is developed, and no trees or rock outcroppings are located within the northwestern portion of the Project site proposed to be developed with the digital billboard. Accordingly, the Project would not entail the damage or removal of any trees or rock outcroppings. Additionally, the Project has no potential to damage historic buildings, as none occur on the Project site under existing conditions. C altrans does not officially designate any scenic highways within the City of Baldwin Park or within the vicinity of the Project site, including the segment of the I-10 freeway located to the immediate north of the Project site (Caltrans, 2011). Accordingl y, the proposed Project has no potential to damage scenic resources within a State scenic highway and no impact would occur.
c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?

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Less Than Significant Impact. The Project Applicant proposes to construct and operate a digital, dual - faced billboard on the north-central portion of the Project site. The Project site and the surrounding area is fully urbanized and developed with commercial and freeway -oriented land uses. The visual character of the I -10 corridor in the vicinity of the Project site is established by views of comm ercial building frontages, cement dividers located along the center and shoulder of the I -10, large street trees, various commercial signage posts, chain -link fencing, and lighting posts located along adjacent roadways and parking lots. Therefore, the installation and operation of a digital billboard on the site is conducive with the commercial nature of the Project area and environs located adjacent to the freeway corridor. The Project does not propose to alter the existing buildings and landscaping features on the Project site. City staff is required to review the proposed design of the billboard as part of the approval process, and design parameters will be imposed by the City based on Section 153.170 of the Zoning Code (Sign Regulations).

Thus, the Project would be consistent with the commercial character of the area, and would not result in the substantial degradation of the existing visual character or quality of the site and its surroundings.

Accordingly, a less-than-significant impact would occur.

d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?

Less Than Significant Impact. Under existing conditions, the Project site is developed with commercial land uses. Exterior lighting is present within neighboring commercial areas to the south, east, and west of the Project site. Lighting posts are located within roadways and parking lots adjacent to the I-10 corridor in the vicinity of the Project site. The proposed Project would res ult in an increase in ambient light generation via the projection of images on an LED interface that would be visible to motorists traveling on the I-10 freeway. Due to the height of the billboard ( 87 feet), all or a portion of the LED display also would be visible from nearby properties, including the residential neighborhoods nearby (see Appendix B for sign elevation).

Light measurements utilize foot -candles as a unit of lighting intensity, which is the amount of light produced by a single candle when measured from one foot away (for reference, a 100 -watt light bulb produces 137 foot -candles at one foot away) . According to the Project’s lighting study prepared by Daktronics (included herein as Technical Appendix A), and as shown on Figure 5 , Billboard Lighting Intensity, due to the lighting direction and intensity of the proposed billboard, residential areas within the vicinity of the Project site would experience a nearly undetectable increase in ambient light as a result of the operation of the proposed digital billboard. Ambient light levels within residential neighborhoods are more heavily impacted by porch lights and landscape lights than the lighting that would be produced by the proposed billboard.

Additionally, City of Baldwin Park Municipal Code § 153.170, regulates the operation of digital billboards with respect to illumination. As shown on Figure 5 , Billboard Lighting Intensity, the lighting study demonstrates that the illumination produced by the proposed billboard would not exceed 0.2 foot candles at 250 feet at any angle from its west -facing or east-facing sides. Furthermore, the billboard would be required to be equipped with a light sensing device that would automatically adjust the billboard’s brightness in order to meet the ligh t intensity requirement with respect to changes in ambient light conditions. Compliance with the aforementioned requirements and the requirements of § 153.170 of the City’s Municipal Code would ensure that the Project does not result in substantial light and/or glare impacts.

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Aesthetics: Mitigation Measures

Implementation of the proposed Project would result in less -than-significant impacts associated with aesthetics. Therefore, no mitigation measures are required.

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VIRGINIA AVENUE DIGITAL BILLBOARD PROJECT

BALDWIN PARK, CALIFORNIA
Figure 4. Visual Simulations
Map date: December 28, 2020.

Westbound at 90 Feet
Eastbound at 90 Feet
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VIRGINIA AVENUE DIGITAL BILLBOARD PROJECT

BALDWIN PARK, CALIFORNIA
Figure 5. Billboard Lighting Intensity
Source: Daktronics 12/9/2020. VALUES EXPRESSED ARE SPECIFIC TO DAKTRONIC PRODUCT ONLY. Map date: December 28, 2020. - Display at 3% Maximum Daytime Brightness
- Calculations take into account overall height of 87'
- Any rise or fall in elevation or physical blockage is not shown in calculations Legend
Project Parcel
Calculations are based on red, green, and blue LEDs (white content) powered to their maximum potential for nighttime viewing. Values are shown in footcandles (fc.) ³ 0 200100
Feet
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4.2 Agriculture and Forestry Resources
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Convert Prime Farmland, Unique
Farmland, or Farmland of Statewide
Importance (Farmland), as shown on the
maps prepared pursuant to the Farmland
Mapping and Monitoring Program of the
California Resources Agency, to non -
agricultural use?
X
b. Conflict with existing zoning for
agricultural use, or a Williamson Act
contract?
X
c. Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code section 1222(g)) or
timberland (as defined in Public Resources
Code section 4526)?
X
d. Result in the loss of forest land or
conversion of forest land to non-forest use? X
e Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of
Farmland, to non -agricultural use or
conversion of forest land to non-forest use?
X

a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use?
No Impact. The City of Baldwin Park is mostly built -out and does not contain any significant agricultural resources. According to mapping conducted by the CDC as part of the Farmland Mapping & Monitoring Program (FMMP), the Project site is identified as cont aining “Other Land.” The Project site and surrounding areas do not contain any soils mapped by the CDC as Prime Farmland, Farmland of Statewide Importance, Unique Farmland, or Farmland of Local Importance. (CDC, 2021) Accordingly, implementation of the proposed Project would not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) to non-agricultural use. Thus, no impact would occur and no mitigation is required. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact . The Project site and areas to the south and west are zoned Industrial Commercial (I -C) Properties located to the north and east of the Project site are zoned as Freeway Commercial (F-C). There are no existing or proposed agricultural zoning designations affecting the Project site or surrounding area.

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As such, the Project has no potential to conflict with agricultural zoning designations, and no impact would occur.

According to information avai lable from the California Department of Conservation (CDC), there are no agricultural lands subject to a Williamson Act Contract within the City of Baldwin Park (CDC, 2021).

Accordingly, the proposed Project would not conflict with a Williamson Act contrac t. No impact would occur and no mitigation is required.
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? No Impact. The Project site and surrounding areas are developed with commercial and industrial uses under existing conditions. There are no forest resources on the Project site or within the vicinity of the Project site.

There are no lands within the City of Baldwin Park, including the Project site and properties surrounding the Project site, that are zoned for forest land, timberland, or timberland zoned Timberland Produc tion (Baldwin Park, 2002a, Fig. LU-6). Accordingly, the proposed Project has no potential to impact properties zoned for forest land, timberland, or timberland zoned Timberland Production. As such, no impact would occur and no mitigation is required.
d) Result in the loss of forest land or conversion of forest land to non-forest use? No Impact. The City of Baldwin Park, including the Project site and properties surrounding the Project site, does not contain any forest lands. Under existing conditions, the Project site is developed with commercial uses and contains only limited ornamental landsca ping. Accordingly, the proposed Project has no potential to result in the loss of forest land or the conversion of forest land to non-forest use. No impact would occur and no mitigation is required.
e) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use?
No Impact. As indicated in the analyses presented above under Thresholds a) through d), the Project site and surrounding areas do not contain any lands that are used for farmland or forest land. Accordingly, the proposed Project would not involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non -agricultural use or the conversion of forest land to non-forest use. Thus, no impact would occur and no mitigation is required.

Agriculture and Forestry Resources: Mitigation Measures The Project would result in no impact to agriculture and forestry resources. Therefore, no mitigation measures are required.

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4.3 Air Quality
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Conflict with or obstruct implementation of
the applicable air quality plan? X
b. Result in a cumulatively considerable net
increase of any criteria pollutant for which
the project region is non -attainment under
an applicable federal or state ambient air
quality standard?
X
c. Expose sensitive receptors to substantial
pollutant concentrations? X
d. Result in other emissions (such as those
leading to odors) adversely affecting a
substantial number of people?
X

Criteria pollutants are pollutants that are regulated through the development of human health -based and/or environmentally-based criteria for setting permissible levels. Criteria pollutants include ozone (O3), nitrogen oxides (NOx), volatile organic compounds (VOCs), particulate matter less than 10 microns (PM10), particulate matter less than 2.5 microns (PM 2.5), sulfur dioxide (SO 2), carbon monoxide (CO), reactive organic gases (ROGs), and lead.

The Project site is located within the South Coast Air Basin (SCAB), a 6,745-square mile sub-region of the South Coast Air Quality Management District (SCAQMD). The SCAB is bound by the Pacific Ocean to the west; the San Gabriel, San Bernardino, and San Jacinto Mountains to the north and east, respectively; and the San Diego County line to the south.
a) Conflict with or obstruct implementation of the applicable air quality plan? No Impact. The SCAQMD has adopted a series of Air Quality Management Plans (AQMPs) to meet State and Federal ambient air quality standards. AQMPs ar e updated regularly in order to more effectively reduce emissions and accommodate growth. The most recent AQMP (2016) was adopted by the SCAQMD Governing Board. The SCAQMD established criteria for determining consistency with their AQMP, which are defined in Chapter 12, Sections 12.2 and 12.3 of the SCAQMD CEQA Air Quality Handbook and are discussed below.
• Consistency Criterion No. 1: A proposed project would not result in an increase in the frequency or severity of existing air quality violations, or cause or contribute to new violations, or delay the timely attainment of the AQMP’s air quality standards or the interim emissions reductions. • Consistency Criterion No. 2 : A proposed project would not exceed the AQMP’s assumptions or increments based on the years of the project build-out phase.

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Implementation of the proposed Project would entail the installation of a digital billboard, the construction and operation of which would not result in an increase in the frequency or severity of existing air quality violations, nor would it cause or contribute to new violations that would inhibit attainment of air quality standards specified in the AQMP. Construction and installation are anticipated to occur over a 2-3 day period, and would not result in the generat ion of emissions that would exceed the SCAQMD’s adopted thresholds for construction emissions. Operation of the project would not result in any direct emissions of criteria pollutants, and the project would not generate additional vehicle trips or vehicle miles traveled. As such, the project would not result in mobile source emissions. Operation of the billboard would require a negligible amount of electricity to be used, but at an amount that would not generate notable emissions of criteria pollutants.

Additionally, the proposed Project would not affect any regional population, housing, and employment projections prepared for the City of Baldwin Park by SCAG, and therefore would not exceed the assumptions in the AQMP. As a result, the proposed Project would not conflict with, or obstruct the implementation of, the applicable air quality plan and no impacts would occur. b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? Less Than Significant Impact. Air quality impacts/emissions associated with a project can be placed into two categories: temporary (short -term) or long -term emissions. Temporary (short -term) emissions are generally associated with the demolition, grading, and construction activities o f the project while long - term emissions are associated with the day-to-day operation, use, and area emissions from such activities as vehicle use, consumer product use, and energy generation/consumption.

The SCAB does not achieve the State of California standards for O 3, PM10, and PM 2.5, and also does not achieve federal standards for O 3 and PM2.5 (SCAQMD, 2013, Ch. 2). As a single sign project with minimal construction and operational-related emissions, the Project would result in a negligible level of emissions in comparison to SCAQMD’s regional thresholds of significance. Therefore, the Project would not result in a cumulatively considerable net increase in emissions. Accordingly, implementation of the Project would not substantially contribute to a net increase of any criteria pollutant for which the Project region is non- attainment or is considered an O 3 precursor; therefore, impacts would be less than significant and less than cumulatively considerable.
c) Expose sensitive receptors to substantial pollutant concentrations? Less Than Significant Impact . A “sensitive receptor” is a person in the population who is particularly susceptible to health effects due to exposure to an air contaminant than is the population at large.

Sensitive receptors and associated facilities that house them in proximity to local CO sources, toxic air contaminants, or odors are of particular concern in the evaluation of potential pollutant concentrations.

Sensitive receptors include children, the elderly, persons with pr eexisting respiratory or cardiovascular illness, and athletes and others who engage in frequent, heavy cardiovascular exercise. Sensitive receptors located nearest the Project site include the residences located to the southeast, southwest, and northeast of the Project site.

As described in Threshold b), above, Project -related construction and operation would not produce emissions above the SCAQMD’s regional thresholds of significance. In addition, due to the nature of the Project (proposed stationary digital billboard), its trip generation would be nominal at one two -way trip approximately six to eight times per year, for billboard maintenance. A maximum of one two -way trip Virginia Avenue Digital Billboard Project
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approximately six to eight times per year is not significant enough to result in a CO “hotspot” that could lead to an exceedance of the State’s CO standards. Accordingly, no substantial pollutant concentrations would result from the Project’s construction or operation and a less -than-significant impact to sensitive receptors would occur.
d) Result in other emissions (such as those leading to odors adversely affecting a substantial number of people?
Less Than Significant Impact . The proposed Project would involve the construction and operation of a digital billboard, which is not a land use typically associated with emitting objectionable odors. Potential temporary odor sources associated with the construction of the proposed Project may result from construction equipment exhaust and the application of asphalt (if necessary for Proje ct construction).

Construction-related odor emissions would be temporary, short -term, and intermittent in nature and would cease upon completion of the respective phases of construction. In addition, these types of odors are common in construction activities and are not considered to be offensive or objectionable to a large portion of the population. As such, odor emissions associated with construction activities is considered less than significant. The Project’s construction-generated refuse would be stored in covered containers and removed at regular intervals in compliance with the City’s solid waste regulations. The proposed Project would also be required to comply with SCAQMD Rule 402 to prevent occurrences of public nuisances related to odors. Th erefore, odors associated with construction and operation of the Project would be less than significant and no mitigation is required.

Air Quality: Mitigation Measures
The proposed Project would result in less -than-significant impacts to air quality; accordingly, mitigation measures are not required.

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4.4 Biological Resources
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Have a substantial adverse effect, either
directly or through habitat modifications,
on any species identified as a candidate,
sensitive, or special status species in local
or regional plans, policies, or regulations,
or by the California Department of Fish and
Game or U.S. Fish and Wildlife Service?
X
b. Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies, regulations or by the
California Department of Fish and Game or
U.S. Fish and Wildlife Service?
X
c. Have a substantial adverse effect on state
or federally protected wetlands (including,
but not limited to, marsh, vernal pool,
coastal, etc.) through direct removal, filling,
hydrological interruption, or other means?
X
d. Interfere substantially with the movement
of any native resident or migratory fish or
wildlife species or with established native
resident or migratory wildlife corridors, or
impede the use of native wildlife nursery
sites?
X
e. Conflict with any local policies or
ordinances protecting biological resources,
such as a tree preservation policy or
ordinance?
X
f. Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
approved local, regional, or state habitat
conservation plan?
X

a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?

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No Impact. Under existing conditions, the Project site is developed with an existing commercial building.

The proposed 10-foot by 10-foot disturbance area of on the northwestern portion of the Project site does not contain native habitat or sensitive plant species or vegetation that serve as habitat to sensitive animal species. Accordingly, no impacts to sensitive species would occur and no mitigation measures are necessary.
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?
No Impact. The Project site is developed with commercial land uses under existing conditions. The Project site does not contain riparian habitat or other sensitive natural communities identified in local or regional plans, policies, regulations, or by the CDFW or the USFWS. Accordingly, no impact to riparian habitat would occur.
c) Have a substantial adverse effect on state or federal ly protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
No Impact. The Project site is developed with commercial land uses and does not contain any wetlands.

Accordingly, the proposed Project would have no impact on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
No Impact. Under existing conditions, the Project site is developed with existing commercial building.

Under existing conditions, the Project site does not provide habitat for native species, is not part of a terrestrial wildlife movement corridor, and does not serve as a native wildlife nursery site. The Project does not entail the removal of any trees or other vegetation where nesting birds may be present.

Regardless, mandatory compliance with the federal Migratory Bird Treaty Act (MBTA) would preclude impacts to nesting birds in the unlikely event that nesting birds are present at the site during construction activities. Accordingly, implementation of the proposed Project would have no potential to interfere with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or with the use of native wildlife nursery sites. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
No Impact. The Project site is developed with commercial uses under existing conditions. No vegetation would be removed during the Project’s construction or operation phases. Additionally, mandatory compliance with the federal MBTA would preclude impacts to nesting birds in the unlikely event that nesting birds are present at the site at the time of construction.

There are no other local policies or ordinances protecting biological resources that are applicable to the proposed Project; accordingly, no impact due to a conflict with any local policies or ordinances protecting biological resources would occur as a result of Project implementation.

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f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No Impact. According to the CDFW, there are no Habitat Conservation Plans, Natural Community Conservation Plans, or other approved local, regional, or state habitat conservation plans applicable to the Project site (CDFW, 2019). Accordingly, the Project has no potential to conflict with any of the above and no impact would occur.

Biological Resources: Mitigation Measures
Implementation of the proposed Project would not result in no impact to biological resources; accordingly, mitigation measures are not required.

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4.5 Cultural Resources
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Cause a substantial adverse change in the
significance of a historical resource
pursuant to § 15064.5?
X
b. Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to § 15064.5?
X
c. Disturb any human remains, including
those interred outside of dedicated
cemeteries?
X

a) Cause a substantial adverse change in the significance of a historical resource pursuant to § 15064.5?
No Impact. None of the Project site’s existing features are included on the National Register of Historic Places, the California Register of Historical Resources, or the California Historic Resources Information System (NPS, 2019; OHP, 2021). Thus, because the existing structure on the Project site is not on federal, State, or local lists of designated historic resources and not eligible for listing, the building is not historically significant as defined by CEQA Guidelines §15064.5 and no impact to historical resources would occur. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5?
Less Than Significant Impact with Mitigation Incorporated . There is a remote potential for archaeological resources to be unearthed during the Project’s ground -disturbing construction activities.

However, given the small proposed area of disturbance and the currently disturbed condition of the proposed 10-foot by 10 -foot area where subsurface disturba nce would occur, it is highly unlikely that resources, if unearthed, would be eligible for inclusion in the California Register of Historical Resources.

Although unlikely, if significant archaeological resources are unearthed during ground disturbance activities, a potentially significant impact would occur if the resource is not properly identified and appropriately treated. Thus, mitigation is required to ensure that potentially significant archaeological resources are properly identified and appropriately treated. With implementation of Mitigation Measure MM CR-1 and MM CR-2 (see below), the Project’s potential impact to archaeological resources would be reduced to levels that are less than significant.
c) Disturb any human remains, including those interred outside of dedicated cemeteries? No Impact. The Project site is not known to have ever been used as a cemetery. The possibility of uncovering human remains during Project -related grading activities is also remote due to fact that the previous development of the site has substantially disturbed the subsurface of the site. Pursuant to California Health and Safety Code Section 7050.5, in the unlikely event human remains are encountered during ground-disturbing activities, no further disturbance shall occur until the County Coroner has made Virginia Avenue Digital Billboard Project
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the necessary findings as to origin. Pursuant to California Public Resources Code Section 5097.98(b), remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made by the Coroner. If the Coroner determines the remains to be Native American, the California Native American Heritage Commission (NAHC) must be contacted and the NAHC must then immediately notify the “most likely descendant(s)” of receiv ing notification of the discovery. The most likely descendant(s) shall then make recommendations within 48 hours, and engage in consultations concerning the treatment of the remains as provided in Public Resources Code Section 5097.98.

Mandatory compliance with these requirements would ensure that potential impacts associated with the discovery of human remains would not occur.

Cultural Resources: Mitigation Measures
MM CR -1: Archaeological Monitoring . Prior to the issuance of a grading permit, the Project Applicant or construction contractor shall provide evidence to the City of Baldwin Park that the construction site supervisors and crew members involved with grading and trenching operations are trained to recognize archaeological resources, should such resources be unearthed during ground-disturbing construction activities. If a suspected archaeological resource is identified on the property, the construction supervisor shall be required by his contract to immediately halt subsurface ground-disturbing activities and seek identification and evaluation of the suspected resource by a professional archaeologist. This requirement shall be noted on all grading plans and the construction contractor shall be obligated to comply with the note. The archaeo logist shall evaluate the suspected resource and make a determination of significance pursuant to California Public Resources Code Section 15064.5(a). If the resource is not a significant archaeological resource, further mitigation is not required. If the resource is significant, Mitigation Measure MM CR-2 shall apply.

MM CR -2: Addressing Significant Archaeological Resources . If a significant archaeological resource(s) is discovered, the archaeological monitor, the Project Applicant, and the City of Baldwin Park Community Development Department shall confer regarding mitigation of the discovered resource(s) pursuant to California Public Resources Code Section 21083.2. A treatment plan shall be prepared, approved by the City of Baldwin Park Community Development Department, and implemented by the archaeologist.

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4.6 Energy
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Result in potentially significant
environmental impact due to wasteful,
inefficient, or unnecessary consumption of
energy resources, during project
construction or operation?
X
b. Conflict with or obstruct a state or local
plan for renewable energy or energy
efficiency?
X

a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Less Than Significant Impact. The means to achieve the goal of conserving energy include decreasing overall energy consumption, decreasing reliance on natural gas and oil, and increasing reliance on renewable energy sources. In particular, the proposed Project would be considered “wasteful, inefficient, and unnece ssary” if it were to violate State and federal energy standards and/or result in significant adverse impacts related to project energy requirements, energy inefficiencies, energy intensiveness of materials, cause significant impacts on local and regional e nergy supplies or generate requirements for additional capacity, fail to comply with existing energy standards, otherwise result in significant adverse impacts on energy resources, or conflict or create an inconsistency with applicable plan, policy, or regulation.

The proposed Project would use a limited amount energy resources for the operation of the digital billboard (e.g., electricity), for on-road vehicle trips 6-8 times per year for maintenance (e.g. gasoline and diesel fuel) generated by the Project (both during project construction and operation), and from off-road construction activities associated with the Project (e.g. diesel fuel). Each of these activities would require the use of energy resources. The Project would be responsible for conserving energy, to the extent feasible, and would be required to comply with Statewide and local measures regarding energy conservation, such as Title 24 building efficiency standards.

The proposed Project would be in compliance with all applicable federal, State, and local regulations regulating energy usage. For example, Southern California Edison (SCE) is responsible for the mix of energy resources used to provide electricity for its customers, and it is in the process of implementing the Statewide Renewable Portfolio Standard (RPS) to increase the proportion of renewable energy (e.g. solar and wind) within its energy portfolio. SCE has achieved at least a 33 percent mix of renewable energy resources, and will be required to achieve a renewable mix of at least 50 percent by 2030. Other statewide measures, including those intended to improve the energy efficiency of the statewide passenger and heavy-duty truck vehicle fleet (e.g. the Pavley Bill and the Low Carbon Fuel Standard) are improving vehicle fuel economies, thereby conserving gasoline and diesel fuel. These energy savings would continue to accrue over time.

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As a result, the Project would not result in any significant adverse impacts related to Project energy requirements, energy use inefficiencies, and/or the energy intensiveness of materials by amount and fuel type for each stage of the Project including construction, operations, maintenance, and/or removal. Both SCE, the electricity provider to the site, and Southern California Gas, the natu ral gas provider to the site, maintain sufficient capacity to serve the proposed Project. The Project would be required to comply with all existing energy efficiency standards, and would not result in significant adverse impacts on energy resources. Therefore, the proposed Project would not result in a wasteful, inefficient, or unnecessary of energy resources during Project construction or operation. Impacts would be less than significant. b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Less Than Significant Impact. The Project is designed with LED displays, which would require 16 amps of operating power. This level of power demand is considered negligible. As such, t he Project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency; impacts would be less than significant.

Energy: Mitigation Measures
Implementation of the proposed Project would result in less -than-significant impacts due to energy; therefore, mitigation measures would not be required.

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4.7 Geology and Soils
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Directly or indirectly cause potential
substantial adverse effects, including the
risk of loss, injury, or death involving:

1) Rupture of a known earthquake fault, as
delineated on the most recent Alquist -
Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the area
or based on other substantial evidence
of a known fault? Refer to Division of
Mines and Geology Special Publication

42. X
2) Strong seismic ground shaking? X
3) Seismic-related ground failure,
including liquefaction? X
4) Landslides? X
b. Result in substantial soil erosion or the loss
of topsoil? X
c. Be located on a geologic unit or soil that is
unstable, or that would become unstable as
a result of the project, and potentially result
in on-or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse?
X
d. Be located on expansive soil, as defined in
Table 18-1-B of the Uniform Building Code
(1994), creating substantial direct or
indirect risks to life or property?
X
e. Have soils incapable of adequately
supporting the use of septic tanks or
alternative waste water disposal systems
where sewers are not available for the
disposal of waste water?
X
f. Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature?
X

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a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
1) Rupture of a known earthquake fault, as delineated on the most recent Alquist -Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.

No Impact. There are no known faults on the Project site and the Project site is not located within an Alquist-Priolo earthquake fault zone (USGS, 2021). As such, there is no potential for ground rupture at the site.
2) Strong seismic ground shaking?
Less Than Significant Impact. Southern California is a seismically active area and properties in the City of Baldwin Park, including the Project site, a re subject to periodic ground shaking and other effects from earthquake activity along nearby and regional faults. Fault zones in the regional vicinity with the potential to cause moderate ground shaking in the City of Baldwin Park include the San Andreas Fault Zone, the Sierra Madre Fault Zone, the Newport-Inglewood Fault, the Norwalk Fault, and the Whittier Fault (USGS, 2021).

Similar to all other development projects within Southern California, the Project has the potential to expose people or struct ures to adverse effects associated with seismic events. The Project would be required to comply with the most current California Building Code (CBC), which requires the incorporation of special structural design standards to attenuate hazards associated w ith credible seismic ground shaking events that are anticipated in the Project area. Compliance with applicable requirements of the CBC would be assured through future City review of construction permits, which would require that strong seismic ground sha king effects are attenuated. As such, impacts would be less than significant and mitigation is not required.
3) Seismic-related ground failure, including liquefaction? Less Than Significant Impact. The Project site is located within a current mapped Calif ornia Liquefaction Hazard Zone (CDC, 1999). Liquefaction typically occurs in loose granular and cohesionless soils with shallow groundwater (within approximately 50 feet below ground surface [bgs]). During an earthquake, distortion of soil mass occurs and pore pressure increases resulting in a decrease in bearing capacity. After dissipation of the excess pore pressures, the saturated soils tend to settle. According to the City’s General Plan EIR, data provided by water service providers in Baldwin Park indicate that the depth to groundwater throughout the City is greater than 50 feet bgs; therefore, the potential for liquefaction hazard is low (Baldwin Park, 2002b, p. 89). Nonetheless, compliance with applicable requirements of the CBC would be assured t hrough future City review of construction permits, which would require that strong seismic ground shaking effects, that may lead to liquefaction are attenuated. As such, impacts would be less than significant and mitigation is not required.
4) Landslides?
No Impact. The Project site is not located within a current mapped California Earthquake -Induced Landslide Hazard Zone (CDC, 1999). Additionally, the Project site and surrounding area is generally flat and lacking of prominent topographical features. As such, no impacts related to landslide would occur and mitigation is not required.

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b) Result in substantial soil erosion or the loss of topsoil? No Impact. Under existing conditions, the entirety of the Project site is developed and limited excavation would be required for installation of the billboard support column and associated utility connections.

Project excavation could remove some soil from the Project site; however, excavated soil would not remain on-site and would immediately be transported to the Puente Hills Landfill, located approximately

3.5 miles southwest of the Project site. Given the currently developed character of the Project site, the limited area of disturbance, and the fact that excavated soil would not be left on-site to erode, no impacts related to soil erosion or loss of topsoil would be anticipated. Additionally, the long -term operation of the Project as a digital billboard would not result in increased erosion effects and would not increase the volume or velocity of water discharged from the site. Accordingly, no impacts related to soil erosion or loss of topsoil would occur and no mitigation is required. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the pr oject, and potentially result in on -or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
Less Than Significant Impact. Potential landslide, lateral spreading, soil stability, and liquefaction hazards are addressed above under th e discussion and analysis of Thresholds a) and b). As discussed under Thresholds a) and b), with mandatory compliance with applicable requirements and standards of the CBC, impacts due to landslides and liquefaction would be less than significant and miti gation is not required.

Additionally, the entirety of the Project site is fully developed and the likelihood for the Project to be subject to unstable soils is low. The billboard column is proposed to be secured to a footing installed at a depth of approximately 42 feet bgs to ensure stability. Based on the foregoing analysis, and with mandatory compliance with the CBC requirements, the proposed Project would result in less -than- significant impacts due to unstable soil conditions that could result in on - or off-site landslides, lateral spreading, subsidence, liquefaction, and collapse.
d) Be located on expansive soil, as defined in Table 18 -1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? No Impact. The Project site is fully developed under existing conditions. Additionally, no new grading or significant excavation activities would not be required as part of the construction of the proposed billboard. The billboard column is proposed to be secured in an approximately 42-foot deep footing to ensure stability. Accordingly, the Project would not create a substantial risk to life or property associated with expansive soils, and no impact would occur.
e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? No Impact. The proposed Project is a digital billboard, and would not utilize septic tanks or alternative wastewater disposal systems. Accordingly, no impact would occur. f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
Less Than Significant Impact. The Project site is not known to have ever contain unique paleontological resource or contain a unique geologic feature . As such, impacts would be less than significant and mitigation is not required.

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Geology and Soils: Mitigation Measures
Implementation of the proposed Project would result in less-than-significant impacts due to geology and soils; therefore, mitigation measures would not be required.

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4.8 Greenhouse Gas Emissions
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Generate greenhouse gas emissions, either
directly or indirectly, that may have a
significant impact on the environment?
X
b. Conflict with an applicable plan, policy or
regulation adopted for the purpose of
reducing the emissions of greenhouse
gases?
X

Existing Setting
Various gases in the Earth’s atmosphere, classified as atmospheric greenhouse gases (GHGs), play a critical role in determining the Earth’s surface temperature. Solar radiation enters Earth’s atmosphere from space, and a portion of the radiation is absorbed by the Earth’s surface. The Earth emits this radiation back toward space, but the properties of the radiation change from high -frequency solar radiation to lower-frequency infrared radiation.

Naturally occurring GHGs include water vapor (H 2O), carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), and ozone (O 3). Several classes of halogenated substances that contain fluorine, chlorine, or bromine are also GHGs, but they are, for the most part, solely a product of industrial activities. Although the direct GHGs, including CO 2, CH4, and N 2O, occur naturally in the atmosphere, human activities have changed their atmospheric concentrations. From the pre-industrial era (i.e., ending about 1750) to 2011, concentrations of these three GHGs have increased globally by 40, 150, and 20 percent, respectively (IPCC, 2013).

Greenhouse gases, which are transparent to solar radiation, are effective in absorbing infrared radiation.

As a result, this radiation that otherwise would have escaped back into space is now retained, resulting in a warming of the atmosphere. This phenomenon is known as the greenhouse effect. Among the prominent GHGs contributing to the greenhouse effect are carbon diox ide (CO2), methane (CH 4), ozone (O3), water vapor, nitrous oxide (N2O), and chlorofluorocarbons (CFCs).

Emissions of GHGs contributing to global climate change are attributable in large part to human activities associated with the industrial/manufacturing, utility, transportation, residential, and agricultural sectors.

In California, the transportation sector is the largest emitter of GHGs, followed by the industrial sector (California Energy Commission, 2020).

As the name implies, global climate change is a global problem. GHGs are global pollutants, unlike criteria air pollutants and toxic air contaminants, which are pollutants of regional and local concern, respectively.

California produced 424 million gross metric tons of carbon dioxide equivalents (MMTCO 2e) in 2019 (California Energy Commission, 2019). Given that the U.S. EPA estimates that worldwide emissions from human activities totaled nearly 46 billion gross metric tons of carbon dioxide equivalents (BMTCO 2e) in 2010, California’s incremental contribution to global GHGs is approximately 2% (U.S. EPA, 2014).

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Carbon dioxide equivalents are a measurement used to account for the fact that different GHGs have different potential to retain infrared radiation in the atmosphere and contribute to the greenhouse effect.

This potential, known as the global warming potential of a GHG, is also dependent on the lifetime, or persistence, of the gas molecule in the atmosphere. Expressing GHG emissions in carbon dioxide equivalents takes the contribution of all GHG emissions to the greenhouse effect and converts them to a single unit equivalent to the effect that would occur if only CO2 were being emitted.

Consumption of fossil fuels in the transportation sector was the single largest source of California’s GHG emissions in 2014, accounting for 41% of total GHG emissions in the state. This category was followed by the industrial sector (24%), the electricity generation sector (including both in -state and out of -state sources) (15%) and the agriculture sector (8%) (California Energy Commission, 2016).

Determination of Significance Thresholds
In 2012, SCAQMD released a draft guidance for greenhouse gas emission thresholds for residential and commercial projects, which presents the following thresh olds for evaluating GHG emissions from such projects:
• Tier 1: If the project is exempt under existing statutory or categorical exemptions there is a presumption of “less-than-significant” impacts with respect to climate change. • Tier 2: If the project’ s GHG emissions are within the GHG budgets in an approved regional plan (plans consistent with CEQA sections 15064(h)(3), 15125(d), or 15152(s)), there is a presumption of “less-than-significant” impacts with respect to climate change. • Tier 3: Consists of screening values at the discretion of the lead agency; however, they should be consistent for all projects within its jurisdiction. Project-related construction emissions should be amortized over 30 years and should be added back the project’s operation al emissions. The following thresholds are proposed for consideration:
o 3,000 metric tons of carbon dioxide equivalent (MTCO2e) per year for all land use types; or
o 3,500 MTCO2e per year for residential; 1,400 MTCO2e per year for commercial; or 3,000 MTCO2e per year for mixed-use projects.
• Tier 4: Does the project meet one of the following performance standards? If yes, there is a presumption of “less-than-significant” impacts with respect to climate change. o Option 1: Reduce emissions from business as usual by a certain percentage (currently undefined);
o Option 2: Early implementation of applicable AB 32 Scoping Plan measures; or o Option 3: A project-level efficiency target of 4.8 MTCO2e per service population as a 2020 target and 3.0 MTCO2e per service population as a 2035 target. The recommended plan- level target for 2020 is 6.6 MTCO2e and the plan level target for 2035 is 4.1 MTCO2e. • Tier 5: Involves mitigation offsets to achieve target significance thresholds.

According to the SCAQMD’s proposed GHG screening threshold for stationary source emissions described in the SCAQMD’s Interim CEQA GHG Significance Threshold for Stationary Sources, Rules and Plans (“SCAQMD Interim GHG Threshold”), a screening threshold of 3,000 MTCO2e per year to determine if additional analysis is required as an acceptable approach for small non -industrial projects. The City of Baldwin Park has not adopted its own numeric threshold of significance for determining impacts with respect to GHG emissions. Therefore, for purposes o f analysis herein, the proposed Project may have a Virginia Avenue Digital Billboard Project
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significant adverse impact on GHG emissions if it would generate GHG emissions that exceed the SCAQMD’s proposed 3,000 MTCO2e per year screening threshold for all land use types (Tier 3). a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
Less Than Significant Impact. Operational activities associated with the proposed Project would result in emissions of CO 2, CH 4, and N 2O strictly from energy source emissions from the Project’s electricity demand and mobile source emissions as a result of billboard maintenance visits (six to eight times per year). Additionally, construction activities would be minor and last approximately one week. Therefore, Project-related construction and operation would produce a negligible amount of emissions in comparison the SCAQMD’s interim threshold of 3,000 MTCO2e per year. Therefore, the proposed Project would result in a less-than-significant impact to GHG emissions, and mitigation is not required. b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
No Impact. As discussed in Threshold a) above, the Project would not generate GHG emissions above the SCAQMD draft screening level threshold of 3,000 MTCO 2e per year that is utilized to evaluate the significance of a small non-industrial project’s GHG emissions.

Additionally, activities associated with the Project would be subject to all applicable federal, state, and regional requirements adopted for the purpose of reducing GHG emissions, including, but not limited to:

CBSC Title 24 Energy Standards (also known as CalGreen); California Assembly Bill (AB) 1493 ; Executive Orders S-3-05 and B-30-15; AB 32; Senate Bill (SB) 1368; SB 97; SB 32 (2016); and the applicable policies of the City’s General Plan that reduce GHG emissions. There are no other plans, policies, or regulations adopted for the purpose of reducing GHG emissions that are applicable to the Project area; therefore, the Project would have no potential to conflict with such plans, policies, or regulations. The Project would also not generate an impact with respect to Threshold b), and no mitigation is necessary.

Greenhouse Gas Emissions: Mitigation Measures
Implementation of the proposed Project would result in less -than-significant impacts due to GHG emissions; therefore, mitigation measures would not be required.

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4.9 Hazards and Hazardous Materials
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Create a significant hazard to the public or
the environment through the routine
transport, use, or disposal of hazardous
materials?
X
b. Create a significant hazard to the public or
the environment through reasonably
foreseeable upset and accident conditions
involving the release of hazardous
materials into the environment?
X
c. Emit hazardous emissions or handle
hazardous or acutely hazardous materials,
substances, or waste within one -quarter
mile of an existing or proposed school?
X
d. Be located on a site which is included on a
list of hazardous materials sites compiled
pursuant to Government Code Section
65962.5 and, as a result, would it create a
significant hazard to the public or the
environment?
X
e. For a project located within an airport land
use plan or, where such a plan has not been
adopted, within two miles of a public
airport or public use airport, would the
project result in a safety hazard or
excessive noise for people residing or
working in the project area?
X
f. Impair implementation of or physically
interfere with an adopted emergency
response plan or emergency evacuation
plan?
X
g. Expose people or structures, either directly
or indirectly, to a significant risk of loss,
injury or death involving wildland fires?
X

a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
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b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials in to the environment?
d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
Less Than Significant Impact. Implementation of the proposed Project would result in the construction and operation of a digital billboard. While construction of the proposed billboard would disturb soil, there are no known hazardous materials at the Project site and no hazardous materials would be emitted during operation of the billboard. Heavy equipment would be used during construction of the proposed Project, which would be fueled and maintained by substances such as oil, diesel fuel, gasoline, hydraulic fluid, and other liquid materials that would be considered hazardous if improperly stored or handled. Improper use, storage, or transportation of hazardous materials could result in accidental releases or spills, potentially posing health risks to workers, the public, and the environment. This is a standard risk on all construction sites, and there would be no greater risk for improper handling, transportation, or spills associated with the proposed Project than would occur on any other similar construction site, and such impacts would be less than significant. Project maintenance may require the removal and replacement of defective LED enclosures, thereby resulting in waste from the disposal of the LED unit. However, LED bulbs are not considered toxic or hazard ous and are disposed of in regular landfills. Moreover, implementation and compliance with the City of Baldwin Park Municipal Code § 153.140.030, Hazardous Materials and Waste, would further ensure that any potential impacts would be less than significant (Baldwin Park, 20 20, § 153.140.030). There are no other components of the Project’s proposed construction or operation characteristics that have the potential to create a significant hazard to the public or the environment through routine transport, use, or disposal of hazardous materials. Accordingly, a less -than-significant impact would occur and no mitigation would be required. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? No Impact. The Project site is not located within one-quarter mile of an existing or proposed school. The nearest school to the Project site is Tracy Elementary School located approximately 0.51 miles northwest of the P roject site. Accordingly, the proposed Project has no potential to emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school. No impact would occur and no mitigation is required. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? No Impact. The nearest airport to the Project site is the San Gabriel Valley Airport which is located approximately 3.4 miles northwest of the Project site. According to the Los Angeles County Airport Land Use Commission (ALUC), the Project site is not located withi n the influence area of any known airport within the County of Los Angeles (ALUC, 2012). Accordingly, no airport safety impacts would occur and no mitigation is required.
f) Impair implementation of or physically interfere with an adopted emergency resp onse plan or emergency evacuation plan?
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No Impact. Due to the inherent, small-scale nature and location of the proposed billboard on the north- central portion of the developed Project site, the Project would not physically interfere with an adopted emergency response plan or emergency evacuation plan. Additionally, all construction activities would occur on-site, and no roadway closures would be required. No impact would occur and mitigation is not required.
g) Expose people or structures, either directl y or indirectly, to a significant risk of loss, injury or death involving wildland fires?
No Impact. The City’s General Plan states that because Baldwin Park is an urbanized community, structural fires rather than wildland fires represent the greatest fir e risk throughout the City (Baldwin Park, 2002a, p. PS -9). The Project site is located within and is surrounded by urban built -up land.

Accordingly, the proposed Project would not expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands. No impact would occur and no mitigation is required.

Hazards and Hazardous Materials: Mitigation Measures
Implementation of the proposed Project would result in less -than-significant impacts associated with hazards and hazardous materials; therefore, mitigation measures would not be required.

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4.10 Hydrology and Water Quality
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Violate any water quality standards or
waste discharge requirements or
otherwise substantially degrade surface or
ground water quality?
X
b. Substantially decrease groundwater
supplies or interfere substantially with
groundwater recharge such that the project
may impede sustainable groundwater
management of the basin?
X
c. Substantially alter the existing drainage
pattern of the site or area, including
through the alteration of the course of a
stream or river or through the addition of
impervious surfaces, in a manner which
would:

X
1) Result in substantial erosion or siltation
on- or off-site? X
2) Substantially increase the rate or
amount of surface runoff in a manner
which would result in flooding on - or
offsite?
X
3) Create or contribute runoff water which
would exceed the capacity of existing or
planned stormwater drainage systems
or provide substantial additional
sources of polluted runoff?
X
4) Impede or redirect flood flows? X
d) In flood hazard, tsunami, or seiche zones,
risk release of pollutants due to project
inundation?
X
e) Conflict with or obstruct implementation of
a water quality control plan or sustainable
groundwater management plan?
X

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a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
Less Than Significant Impact. Construction of the proposed Project would involve the drilling of a n approximately 42-foot deep, 5-foot wide borehole and the installation of materials associated with the billboard’s support infrastructure. These activities could po tentially result in the generation of water quality pollutants such as silt, debris, chemicals, and other solvents with the potential to adversely affect water quality. Project excavation would remove soil from the north -central portion of the Project sit e; however, excavated soil would not remain on-site and would immediately be transported to the Puente Hills Landfill, located 3.5 miles southwest of the Project site. Given the Project’s minimal impact area and the fact that excavated soil would immediately be transported off -site, no substantial physical features associated with the construction of a digital billboard would lead to erosion or substantial contribution of polluted storm water runoff that would result in violation of any water quality standards or waste discharge requirements.

Additionally, because the area is already paved under existing conditions, the long-term operation of the digital billboard would not substantially increase the quantity or rate of storm water runoff nor would it substantially increase pollutant concentrations in storm water runoff from the site. Additionally, the Project would not produce wast ewater discharge. Therefore, water quality impacts associated with construction and operation activities would be less than significant and no mitigation measures would be required.
b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? No Impact. No groundwater wells are located on the Project site. Additionally, the Project does not propose the installation of any wells. There fore, implementation of the proposed Project would not deplete groundwater supplies associated with water well withdraw.

According to the City’s General Plan EIR, the depth to groundwater throughout the City is greater than 50 feet below ground surface (bgs) (Baldwin Park, 2002b, p. 89). The excavation required for utility connections and billboard support infrastructure would not extend greater than 50 feet bgs; therefore, groundwater is not anticipated to be encountered during construction of the Proj ect. Under current conditions, the portion of the Project site where the billboard would be constructed is developed and capped with asphalt; accordingly, the Project would not alter the site in a manner that would interfere with groundwater recharge. In addition, the installation of the billboard would not involve any water consumption and no net change in area -wide water consumption would occur as a result of Project implementation. Accordingly, no impacts would occur with respect to depletion of groundwater supplies or interference with groundwater recharge.
c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
1) Result in substantial erosion or siltation on- or off-site? 2) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite?
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3) Create or contribute runoff water which would exc eed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff?
4) Impede or redirect flood flows?
Less Than Significant Impact. The Project site is generally flat . With implementation of the Project, the site’s existing hydrological characteristics would not be substantially altered. Under the proposed conditions, runoff within the Project site would continue to drain to the southeast to the storm drain inlets within Virginia Avenue and would not be altered by the installation or operation of a billboard in the north- central portion of the Project site. Furthermore, no streams or rivers are located on-site, and thus would not be altered as a result of Project implementation. Therefore, wit h installation of the proposed billboard, there would be no significant alteration of the site’s existing drainage pattern and there would not be any significant increases in the rates of erosion or siltation or substantial increases in the rate or amount of surface runoff in a manner which would result in flooding on - or off-site. Impacts would be less than significant and no mitigation would be required. d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? Less Than Significant Impact. According to the Federal Emergency Management Agency, Flood Insurance Rate Map, the Project site is located within an area of minimal flood hazard.1 Tsunamis are sea waves that are generated in response to large-magnitude earthquakes, which can result in coastal flooding. Seiches are the oscillation of large bodies of standing water, such as lakes, that can occur in response to ground shaking. The Project site is approximately 7 miles inland of the Pacific Ocean and there are no large bodies of standing water near the Project site. As a result, tsunamis and seiches do not pose hazards due to the Project site’s inland location and lack of nearby bodies of standing water. The Project site is not located within a flood hazard, tsunami or seiche zones potentially resulting in a release of pollutants due to Project Inundation; impacts would be less than significant.
e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
No Impact. No groundwater wells are located on the Project site. Additionally, the Project does not propose the installation of any wells. Therefore, implementation of the proposed Project would not conflict with or obstruct implementatio n of a water quality control plan or sustainable groundwater management plan.

Hydrology and Water Quality: Mitigation Measures
Implementation of the proposed Project would result in less -than-significant impacts due to hydrology and water quality considerations; accordingly, mitigation measures are not required.

1 Federal Emergency Management Agency, Flood Insurance Rate Map 06037C1795F, effective September 26, 2008, https://msc.fema.gov/portal/home, accessed August 24, 2020.

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4.11 Land Use and Planning
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Physically divide an established
community? X
b. Cause a significant environmental impact
due to a conflict with any land use plan,
policy, or regulation adopted for the
purpose of avoiding or mitigating an
environmental effect?
X

a) Physically divide an established community?
No Impact. The I-10 freeway traverses the City of Baldwin Park, and abuts the Project site to the north.

The Project site is located within an area dominated by freeway-oriented commercial land uses that abut the south side of the I-10 freeway where billboard structures are typical. Due to the small-scale nature of the Project ( an approximately 87 -foot tall dual -faced digital billboard on an already developed site), it would not have the potential to physically divide an established community. Accordingly, no impacts would result from the Project’s implementation with respect to the division of an established community. b) Cause a significant environmental impact due to a conflict with any land use plan, policy , or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Less Than Significant Impact. The land use plans, policies, and regulations applicable to the proposed Project include the City’s General Plan and the City’s Zoning Code/Municipal Code. Each of these plans, policies, and regulations is discussed below.

Analysis of Consistency with the City of Baldwin Park General Plan The City’s General Plan designates the Project site as “Commercial/Industrial (CI)” (Baldwin Park, 2002a, Fig. LU-6). The installation of a digital billboard adjacent to the I-10 freeway is a land use that is a typically seen within commercial areas adjacent to freeways and would not conflict with future or existing large scale commercial development. Accordingly, the Project would be consistent with the City’s General Plan and would not require an amendment to the City’s General Plan.

Analysis of Consistency with the City of Baldwin Park Zoning Code/Municipal Code Under existing conditions, the Proj ect site is zoned “Industrial Commercial (I -C)”. The I -C zoning designation is intended to provide areas for the development of industrial parks, office complexes and light manufacturing businesses. (Baldwin Park, 2020, § 153.050.010) No General Plan land use amendment or zoning change is proposed. The installation of a digital billboard within the I-10 corridor is a land use that would be freeway-oriented and would not conflict with future or existing industrial parks, office complexes and light manufacturing businesses.

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In addition, the proposed Project would be required to comply with the variety of lighting, structural, and legal provisions required by Municipal Code § 153.170, all of which would be enforced as conditions of the Project’s required Development Agreement or through future City review of implementing development permit applications (grading permits, building permits, etc.).

Therefore, the Project would not cause adverse environmental effects and be consistent with or otherwise would not conflict with all applicable provisions of the City’s Zoning Code and Municipal Code and would not require a change of zoning designation or any additional zone code amendments.

Accordingly, the proposed Project would not conflict with the City of Baldwin Park Municipal Code or the City’s General Plan goals and policies, and impacts would be less than significant.

Land Use and Planning: Mitigation Measures
Implementation of the proposed Project would result in less-than-significant impacts due to land use and planning considerations; accordingly, mitigation measures are not required.

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4.12 Mineral Resources
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Result in the loss of availability of a known
mineral resource that would be of value to
the region and the residents of the state?
X
b. Result in the loss of availability of a locally-
important mineral resource recovery site
delineated on a local general plan, specific
plan or other land use plan?
X

a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact. Under existing conditions, the Project site is developed with commercial/industrial uses. No mines, wells, or other resource extraction activity occurs on the property or is known to have ever occurred on the property. The City’s General Plan EIR identifies the Project site as being located within “Mineral Resource Zone 2 (MRZ-2),” which is defined as an area where there is little or no likelihood for presence of significant mineral resources (Baldwin Park, 2002b, Figure 11). Additionally, the proposed Project site is not identified as a locally -important mineral resource recovery site delineated on a local general, specific plan, or other land use plan. Accordingly, no impact would occur.

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4.13 Noise
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Generation of a substantial temporary or
permanent increase in ambient noise levels
in the vicinity of the project in excess of
standards established in the local general
plan or noise ordinance, or applicable
standards of other agencies?
X
b. Generation of excessive groundborne
vibration or groundborne noise levels? X
c. For a project located within the vicinity of a
private airstrip or an airport land use plan
or, where such a plan has not been adopted,
within two miles of a public airport or
public use airport, would the project
expose people residing or working in the
project area to excessive noise levels?
X

Existing Noise Conditions
Existing Study Area Ambient Noise Conditions
The Project site occurs in an urbanized portion of the City of Baldwin Park. Accordingly, the background ambient noise levels within the vicinity of the Project site are dominated by transportation‐related noise associated with the surrounding roadway network, which includes noise from automobile and light/heavy truck activities along the I-10 freeway.

Existing Groundborne Vibration
Based on the operational characteristics of the commercial uses on the site under current conditions, there are no sources of substantial groundborne vibration generated on the Project site. With the exception of groundborne vibration generated by roadway vehicle traffic along the 1 -10 freeway and adjacent roadways, no sources of substantial groundborne vibration occur in the Project site’s vicinity.

Airport Noise and Vibration
The nearest airport to the Project is the San Gabriel Valley Airport which is located approximately 3.4 miles northwest of th e Project site. According to the Los Angeles County ALUC, the Project site is not located within the influence area of any airport within the County of Los Angeles (ALUC, 2021).

Accordingly, noise or vibration issues from airports would not occur.

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a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?
Less Than Significant Impact.

Construction-Related Noise Impacts
According to the City of Baldwin Park Municipal Code, construction activities are limited to the hours of 7:00 a.m. to 7:00 p.m. on Mondays to Fridays . No numerical noise threshold is established by the City’s Municipal Code pertaining to construction noise. Therefore, the Project’s mandatory compliance with the permitted construction hours established by the City’s Municipal Code would ensure that noise generated by the construction of the Project would not exceed applicable standards. Less-than-significant impacts would occur with respect to noise generated from construction of the Project, and mitigation is not required.

Operation-Related Noise Impacts
Regarding Project-related operational activities , noise level standards applicable to the Project include those provided in the Noise Element of the City of Baldwin Park General Plan and the Baldwin Park Municipal Code, as described below.

City of Baldwin Park General Plan Noise Element
The City of Baldwin Park General Plan Noise Element identifies noise-sensitive land uses and noise sources, and defines areas of noise impact for the purpose of developing policies to ensure that Baldwin Park residents are protected from excessive noise intrusion (Baldwi n Park, 2002b, pp. 65 -72). Sensitive land uses are generally defined as locations where people reside or where the presence of noise could adversely affect the use of the land. Sensitive land uses include but are not limited to uses such as schools, hospitals, residences, libraries, and recreation areas. Sensitive receptors located nearest the Project site include the residences located to the southeast of the Project site. According to the City’s General Plan EIR, noise‐sensitive land uses, such as res idential, are clearly compatible with exterior noise levels at or below 65 dBA CNEL (Baldwin Park, 2002b, Table 13). Operation of the Project is not anticipated to emit any audible noise except for very minor noise from periodic maintenance activity that w ould be overshadowed by vehicular noise on adjacent I-10 freeway. Accordingly, the Project would result in less- than-significant impacts with respect to the noise standards established by the City of Baldwin Park General Plan Noise Element.

City of Baldwin Park Municipal Code
The City of Baldwin Park Municipal Code § 153.140.070, Noise, establishes noise limits that apply to all zones within the City. Table 6-5, Municipal Code Noise Standards, provides base exterior noise standards applicable to the Project site and properties surrounding the Project site.

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Table 6-5
Municipal Code Noise Standards

Land Use Time Period Base Exterior Noise Level
Standards (dBA)
Residential
Daytime: 7:00 a.m. to 7:00 p.m. 55
Evening: 7:00 p.m. to 10:00 p.m. 50
Nighttime: 10:00 p.m. to 7:00 a.m. 45
Commercial Daytime: 7:00 a.m. to 10:00 p.m. 65
Nighttime: 10:00 p.m. to 7:00 a.m. 55
Industrial Anytime 65
Source: (Baldwin Park, 2016, Section 153.140.070)
The operational activities associated with the proposed digital billboard would not emit any audible noise except for very minor noise from periodic maintenance activity that would be overshadowed by vehicular noise on the adjacent I -10 freeway. The operat ional activities associated with the proposed digital billboard would not be anticipated to generate any substantial increases in noise levels to the area that would result in exceedance of the base exterior noise level standards shown in Table 6-5. Accordingly, the Project would result in less-than-significant impacts with respect to Municipal Code standards applicable to operational noise, and no mitigation is required.

The only potential sources of substantial temporary or periodic increases in noise levels are temporary and intermittent noise associated with the Project’s construction activities via the operation of heavy equipment. Construction activity would be restricted to the permissible daytime hours permitted by the City’s Municipal Code (7:00 a.m. to 7:00 p.m. on Mondays to Fridays) over the course of the Project’s construction schedule (less than a week). Compliance with the City’s Municipal Code noise standards would ensure that Project construction activities would be less than significant, and mitigation would not be required. Further, construction noise would likely be overshadowed by vehicular noise levels from the adjacent I -10 freeway. Operation of the proposed digital billboard would not generate substantial temporary or periodic increases in ambient noise levels in the Project vicinity.

Based on the foregoing analysis, the Project would not result in the exposure of persons to or generation of noise levels in excess of standards established in the City’s General Plan or the Municipa l Code noise ordinance, or the applicable standards of other agencies. As such, impacts would be less than significant with respect to Threshold a), and mitigation is not required. b) Generation of excessive groundborne vibration or groundborne noise levels? Less Than Significant Impact. Groundborne vibration is an oscillatory motion which can be described in terms of displacement, velocity, or acceleration. It is expected that groundborne vibration from Project construction activities would cause intermittent, localized intrusion through the operation of heavy construction equipment and trucks. Any exposure of nearby sensitive receivers to nominal vibration would be temporary and only occur during permissible construction hours as permitted by the City’s Municipal Code. Truck vibration levels are dependent on vehicle characteristics, load, speed, and pavement conditions. Additionally, truck deliveries (if necessary) to the site may increase vibration levels in the area; however, truck deliveries would only occur during permissible construction hours as permitted by the City’s Municipal Code and would be indiscernible from vehicular movement on the adjacent I -10 freeway. There would be no sources of perceptible vibration associated with Project’s operation. Based Virginia Avenue Digital Billboard Project
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on the foregoing analysis, vibration levels associated with the Project are considered less than significant, and no mitigation is necessary.
c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopt ed, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?
No Impact . The nearest airport to the Project is the San Gabriel Valley Airport which is loc ated approximately 3.4 miles northwest of the Project site. According to the Los Angeles County ALUC, the Project site is not located within the influence area of any airport within the County of Los Angeles (ALUC, 2012). Accordingly, the Project would no t expose people residing or working in the Project area to excessive noise levels in relation to airports.

There are no private airstrips within the Project vicinity. Accordingly, the proposed Project would not expose people residing or working in the Pr oject area to excessive noise levels. No impact would occur and no mitigation is required.

Noise: Mitigation Measures
Implementation of the proposed Project would result in less -than-significant impacts to noise; accordingly, mitigation measures are not required.

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4.14 Population and Housing
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Induce substantial unplanned population
growth in an area, either directly (for
example, by proposing new homes and
businesses) or indirectly (for example,
through extension of roads or other
infrastructure)?
X
b. Displace substantial numbers of existing
people or housing, necessitating the
construction of replacement housing
elsewhere?
X

a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
No Impact. The proposed Project would contribute the additional development of a digital billboard to the north-central portion of the Project site. Digital billboards are typical of and complementary to commercial freeway uses and have no potential to induce substantial population growth in the area, either directly or indirectly. Electric utility improvements required by the Project would solely serve the digital billboard’s energy demand and would not directly or indirectly induce population growth to the area. No impact would occur and no mitigation is required. b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
No Impact. Under existing conditions, the Project site does not contain any residential structures.

Therefore, there is no potential for the Project to displace substantial numbers of people. No impact would occur and no mitigation is required.

Population and Housing: Mitigation Measures
Implementation of the proposed Project would result in no impact to Population and Housing. Thus, no mitigation measures are required.

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4.15 Public Services
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Result in substantial adverse physical
impacts associated with the provision of
new or physically altered governmental
facilities, need for new or physically altered
governmental facilities, the construction of
which could cause significant
environmental impacts, in order to
maintain acceptable service ratios,
response times or other performance
objectives for any of the public services:

1) Fire protection? X
2) Police protection? X
3) Schools? X
4) Parks? X
5) Other public facilities? X

a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
1) Fire protection?
2) Police Protection?
3) Schools?
4) Parks?
5) Other public facilities
No Impact. Fire protection, police protection, and other public services are provided to the existing commercial land uses at the Project site. The addition of a digital billboard to the northwestern portion of the Project site would not create a measurable increase in demand for fire or police protection services because the site is already receiving these services. There is no component of the Project that would lead to increased demand for fire and police services. The Project would not create a direct demand for public school services, as the land use that would occupy the Project site (i.e., a digital billboard) would not generate any school -aged children requiring public education. No component of the Project would Virginia Avenue Digital Billboard Project
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measurably increase demand for public service facilities or result in the need to physically alter or cause the construction of new public service facilities. Because no physically expanded or new public facilities would be required, no impact would occur and mitigation is not required.

Public Services: Mitigation Measures
Implementation of the proposed Project would not increase public services demand such that new or physically altered public service facilities would need to be constructed or expanded to meet the demand.

Thus, no impact would occur and no mitigation measures are required.

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4.16 Recreation
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Would the project increase the use of
existing neighborhood and regional parks
or other recreational facilities such that
substantial physical deterioration of the
facility would occur or be accelerated?
X
b. Does the project include recreational
facilities or require the construction or
expansion of recreational facilities which
might have an adverse physical effect on
the environment?
X

a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? No Impact. The construction and/or operation of a digital billboard on the north -central portion of the Project site would not increase the use of recreation facilities, because it would not create a measurable demand for recreational facilities through inducing population growth, inducing the growth of businesses or housing developments, or displacing existing recreational facilities. Accordingly, the Project would not increase the use of existing neighborhood and regional parks or other recreational facili ties such that substantial physical deterioration of the facilities would occur or be accelerated. Additionally, implementation of the Project would not include recreational facilities or require the construction of or expansion of recreational facilities which would have an adverse physical effect on the environment. No impact would occur, and mitigation is not required.

Recreation: Mitigation Measures
Implementation of the proposed Project would have no impact to Recreation. Thus, no mitigation measures are required.

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4.17 Transportation
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Conflict with a program plan, ordinance or
policy addressing the circulation system,
including transit, roadway, bicycle and
pedestrian facilities?
X
b. Would the project conflict or be
inconsistent with CEQA Guidelines section
15064.3, subdivision (b)?
X
c. Substantially increase hazards due to a
geometric design feature (e.g., sharp curves
or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
X
d. Result in inadequate emergency access? X

a) Conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities?
No Impact. Temporary traffic impacts would be restricted within the window of the Project’s construction schedule (less than a week) and between the permissible construction activity hours (7:00 a.m. to 7:00 p.m. on Mondays to Fridays) permitted by City of Baldwin Park Municipal Code § 130.04. Due to the small scale of the proposed construction of the billboard, Project construction would not require a substantia l quantity of truck hauls to the site. Additionally, the Project Applicant estimates that four (4) construction crew members would be required at the site each day throughout the construction of the Project, which would not generate a substantial quantity of trips during construction hours. Project operation is not anticipated to generate any additional trips to the Project site, with the exception of one two-way trip 6- 8 times per year in order to perform on-site maintenance of the billboard. Accordingly, the Project would not conflict with an applicable plan, ordinance or policy related to the circulation system. No impact would occur and mitigation is not required.
b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)?
No Impact. As discussed under Threshold a), trips generated by construction and operation of the Project would be nominal, and implementation of the Project would not generate trips that would conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b). Therefore, no impact would occur. c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less than Significant Impact. Project-related construction or operation would not require the construction of new roadways and the existing configuration of the roadways within the vicinity of the Virginia Avenue Digital Billboard Project
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Project site would remain unchanged; therefore, impacts re lated to sharp curves or dangerous intersections would not occur.

Implementation of the Project would be required to comply with the State Outdoor Advertising Act (2014) and the Federal Highway Beautification Act (1965). The Outdoor Advertising Act co ntains a number of provisions relating to the construction and operation of digital and static signs adjacent to roadways which are intended to prevent the creation of unsafe driving conditions along the adjacent roadways as a result of the presence of such signs. These provisions include, but are not limited to, the following:

• The placing of any light source “...of any color of such brilliance as to impair the vision of drivers upon the highway” is prohibited (Caltrans, 2014, § 21466.5); • The sign must b e constructed to withstand a wind pressure of 20 pounds per square feet of exposed surface;
• No sign shall display any statements or words of an obscene, indecent, or immoral character; No sign shall display flashing, intermittent, or moving light or lights; • Message center signs may not include any illumination or message change that is in motion or appears to be in motion or that change or expose a message for less than four seconds. No message center sign may be located within 500 feet of an existing bi llboard or 1,000 feet of another message center display, on the same side of the highway. (Caltrans, 2014, § 5401 - § 5405).

The Federal Highway Beautification Act governs advertising signage located along the interstate highway system, such as the I-10 freeway. The Federal Highway Beautification Act requires advertising signage be erected only in commercial or industrial zones and adhere to the following restrictions:
• No signs shall imitate or resemble any official traffic sign, signal or device, nor shall signs obstruct or interfere with official signs;
• Signs located on the same side of the freeway must be separated by at least 500 feet; and, • Signs shall not include flashing, intermittent or moving lights, and shall not emit light that may obstruct or impair the vision of any driver.

Mandatory compliance with State and Federal regulations would ensure that the Project would not increase hazards due to a design feature. Additionally, the Project site is designated as “Commercial/Industrial (CI)” by the City’s General Plan, and is designated “Industrial Commercial (I-C)” by the City’s Zoning Map. The installation of a digital billboard adjacent to the I-10 freeway is a land use that is a typically seen within commercial areas adjacent to freeways and would not conflict with future or existing large -scale commercial development. Considering the foregoing analysis and regulatory requirements, Project impacts would be less than significant and no mitigation is required. d) Result in inadequate emergency access?
No Impact. Under existing conditions, adequate emergency access is provided within the vicinity of the Project site. Project-related construction and operation would not obstruct existing roadways and would not alter the existing roadway system . No component of the Project would require the temporary or permanent closure of a roadway. Accordingly, the Project would not result in inadequate emergency access and no impact would occur.

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Transportation/Traffic: Mitigation Measures:

Implementation of the proposed Project would result in less -than-significant impacts to Transportation/Traffic. Thus, no mitigation measures are required.

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4.18 Tribal Cultural Resources
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Cause a substantial adverse change in the
significance of a tribal cultural resource,
defined in Public Resources Code section
21074 as either a site, feature, pl ace,
cultural landscape that is geographically
defined in terms of the size and scope of the
landscape, sacred place, or object with
cultural value to a California Native
American tribe, and that is:

1) Listed or eligible for listing in the
California Register of Historical
Resources, or in a local register of
historical resources as defined in Public
Resources Code section 5020.1(k), or
X
2) A resource determined by the lead
agency, in its discretion and supported
by substantial evidence, to be significant
pursuant to criteria set forth in
subdivision (c) of Public Resources Code
Section 5024.1. In applying the criteria
set forth in subdivision (c) of Public
Resource Code Section 5024.1, the lead
agency shall consider the significance of
the resource to a California Native
American tribe.

a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
1) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k)? 2) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.

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Less Than Significant Impact . Assembly Bill (AB) 52 requires that lead agencies evaluate a project’s potential impact on “tribal cultural resources”, which include “[s]ites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native Ame rican tribe that are eligible for inclusion in the California Register of Historical Resources or included in a local register of historical resources”. AB52 also gives lead agencies the discretion to determine, based on substantial evidence, whether a re source qualifies as a “tribal cultural resource.” AB 52 applies whenever a lead agency adopts an environmental impact report, mitigated negative declaration, or negative declaration.

In compliance with Assembly Bill 52, Native American tribes traditionally and culturally affiliated with the geographic area of the Project site were notified of the proposed Project on July 28, 2021 (See Appendix C). Pursuant to California AB 52, Native American Tribes that previously requested the City to notify them about projects of interest were given a 30 -day notice to request consultation regarding the Project. A notification list is maintained by the City of Baldwin Park and tribes requesting notification were sent notification via certified mail by the City of Baldwi n Park. A total of three tribes were notified of the proposed Project. The tribes notified included the Gabrieleno Band of Mission Indians – Kizh Nation, the Gabrieleno Tongva Tribe, and the Soboba Band of Luiseno Indians. The 30-day period concluded on August 27, 2021. The Gabrieleno Band of Mission Indians – Kizh Nation elected to consult on the Project.

Senate Bill (SB) 18 requires that lead agencies, “prior to the adoption or amendment of a city or county’s general plan, conduct consultations with California Native American tribes for the purpose of preserving specified places, features, and objects that are located within the city or county’s jurisdiction. The bill would define the term “consultation” for purposes of those provisions. By imposing new du ties on local governments with respect to consultations regarding the protection and preservation of California Native American historical, cultural, and sacred sites, the bill would impose a state-mandated local program.” As provided under Impact b) under Section 4.5: Cultural Resources, although unlikely, if significant archaeological resources are unearthed during ground disturbance activities, implementation of Mitigation Measure MM CR -1 and MM CR -2 would ensure that the Project’s potential impact to archaeological resources would be reduced to levels that are less than significant.

Tribal Cultural Resources: Mitigation Measures:

Implementation of the proposed Project would result in less -than-significant impacts to Triba l Cultural Resources. Thus, no mitigation measures are required.

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4.19 Utilities and Service Systems
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Require or result in the relocation or
construction of new or expanded water, or
wastewater treatment or storm water
drainage, electric power, natural gas, or
telecommunications facilities, the
construction or relocation of which could
cause significant environmental effects?
X
b. Have sufficient water supplies available to
serve the project and reasonably
foreseeable future development during
normal, dry and multiple dry years?
X
c. Result in a determination by the
wastewater treatment provider which
serves or may serve the project that it has
adequate capacity to serve the project’s
projected demand in addition to the
provider’s existing commitments?
X
d. Generate solid waste in excess of State or
local standards, or in excess of th e capacity
of local infrastructure, or otherwise impair
the attainment of solid waste reduction
goals?
X
e. Comply with federal, state, and local
management and reduction statutes and
regulations related to solid waste?
X

a) Require or result in the relocation or construction of new or expanded water, or wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? No Impact. Implementation of the Project would result in the construction and operation of a digital billboard on a site that is fully developed with commercial land uses under existing conditions. Due to the nature of the Project (digital billboard), it would not result in demand for water, wastewater, stormwater, or natural gas. Additionally, the Project would not substantially alter the Project site’s existing hydrological characteristics. With installation of the proposed Project, there would be no significant alteration of the site’s existing drainage pattern and there would not be any significant increases in the rate or quantity of surface runoff. The Project would utilize electric power, but not in a manner that would require or result in the relocation or construction of new facilities. Accordingly, no impact would occur and mitigation is not required.

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b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years?
No Impact. The construction and operation of the proposed digital billboard would not create a demand for domestic water. No impact would occur and no mitigation measures are required.

c) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
No Impact. Under existing conditions, the Los Angeles County Sani tation District (LACSD) adequately serves wastewater treatment services to the Project site. The construction and operation of a digital billboard would not generate wastewater or cause an increased demand for wastewater treatment. Thus, the Project woul d not adversely affect the physical capacity of the existing wastewater infrastructure system that services the site. No impact would occur and no mitigation measures are required. d) Generate solid waste in excess of State or local standards, or in exces s of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Less than Significant . The City of Baldwin Park contracts with Waste Management of San Gabriel Valley/Pomona for solid waste collection services. Solid waste generated within the City is transported to the Scholl Canyon Landfill (SCLF), operated by the LACSD. As of 2011, the SCLF was calculated to have a remaining capacity of 9,900,000 cubic yards (or 3,400 tons per day) and has a cease operation date of April 1, 2030 (CalRecycle, 2021). Considering the remaining capacity (9,900,000 cubic yards) and cease operation date (April 1, 2030) of the SCLF, the SCLF would have sufficient capacity to accommodate the Project’s nominal construction-related waste generation. Additionally, Project excavation would remove soil from the northwestern corner of the Project site which would be transported to the Puente Hills Landfill, located 3.4 miles southwest of the Project site. The Puente Hills Landfill does not accept solid waste; however, according to the LACSD the Puente Hills Landfill has the capacity to accept to soil dumps.

Lastly, Project operations would not generate a substantial demand for solid waste beyond the existing demand of the Project site. Thus, the Project would not adversely affect the physical capacity of any landfills and a less-than-significant impact would occur. e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste?
Less Than Significant Impact. The construction and operation of a digital billboard is not anticipated to generate a substantial demand for solid waste disposal. Project -related construction activities would generate nominal quantities of solid waste during the Project’s construction schedule (less than a week).

The Project would be required to comply with all applicable solid waste statutes and regulations; as such, impacts related to solid waste statutes and regulations would be less than significant. Acco rdingly, the Project would not foreseeably conflict with any Federal, State, and local statutes and regulations related to solid waste, resulting in a less-than-significant impact.

Utilities and Service Systems: Mitigation Measures:

Implementation of the proposed Project would result in less -than-significant impacts to Utilities and Service Systems. Thus, no mitigation measures are required.

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4.20 Wildfire
If located in or near state responsibility areas
or lands classified as very high fire hazard
severity zones, would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Substantially impair an adopted emergency
response plan or emergency evacuation
plan?
X
b. Due to slope, prevailing winds, and other
factors, exacerbate wildfire risks, and
thereby expose project occupants to,
pollutant concentrations from a wildfire or
the uncontrolled spread of a wildfire?
X
c. Require the installation or maintenance of
associated infrastructure (such as roads,
fuel breaks, emergency water sources,
power lines or other utilities) that may
exacerbate fire risk or that may result in
temporary or ongoing impacts to the
environment?
X
d. Expose people or structures to signi ficant
risks, including downslope or downstream
flooding or landslides, as a result of runoff,
post-fire slope instability, or drainage
changes?
X

a) Substantially impair an adopted emergency response plan or emergency evacuation plan? b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? No Impact. The Project site not located within a State Responsibility Area (SRA) and is not located within a Very High Fire Hazard Severity Zone (VHFHSZ) within a Local Responsibility Area (LRA). The Project site is relatively flat and does not contain any slopes or features that would exacerbate wildfire risks. In addition, the City’s General Plan states that because Baldwin Park is an urbanized community, structural fires rather than wildland fires represent the greatest fire risk throughout the City (Baldwin Park, 2002a, p. PS-9). The Project site is located within and is surrounded by urban built -up land. Accordingly, the proposed Project would not expose people or structures to a significant risk of loss, injury or death Virginia Avenue Digital Billboard Project
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involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands. No impact would occur and no mitigation is required.

Wildfire: Mitigation Measures:

Implementation of the proposed Project would result in less -than-significant impacts to Utilities and Service Systems. Thus, no mitigation measures are required.

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4.21 Mandatory Findings of Significance
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Does the project have the potential to
substantially degrade the quality of the
environment, substantially reduce the
habitat of a fish or wildlife species, cause a
fish or wildlife population to drop below
self-sustaining levels, threaten to eliminate
a plant or animal community, substantially
reduce the number or restrict the range of
a rare or endangered plant or animal or
eliminate important examples of the major
periods of California history or prehistory?
X
b. Does the project have impacts that are
individually limited, but cumulatively
considerable?
(“Cumulatively considerable” means that
the incremental effects of a project are
considerable when viewed in connection
with the effects of past projects, the effects
of other current projects, and the effects of
probable future projects)?
X
c. Does the project have environmental
effects which will cause substantial adverse
effects on human beings, either directly or
indirectly?
X

a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife populati on to drop below self -sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Less Than Significant Impact With Mitigation Incorporated. All impacts to the environment, including impacts to habitat for fish and wildlife species, fish and wildlife populations, plant and animal communities, rare and endangered plants and animals, and historical and pre -historical resources were evaluated as part of this IS / MND. Implementation of the Project would contribute additional development in the form of a digital billboard to a fully developed property and would not impact biological resources. As indicated in the discussion and analysis of Cultural Resources, none of the existing buildings on the Project site are included on the National Register of Historic Places, California Register of Historical Resources, or a local register of historical resources, nor are they eligible for listing; accordingly, there would be no impact to historical resources resulting from Project implementation. The Project site is fully developed under existing conditions; theref ore, no significant archaeological resources are likely Virginia Avenue Digital Billboard Project
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to be discovered during excavation activities. Additionally, the limited degree of excavation that would be required to install the proposed billboard column and associated utility connections would n ot result in impacts to significant archaeological resources. Nonetheless, in an abundance of caution, Mitigation Measures MM CR-1 and MM CR-2 would be implemented to reduce impacts to archaeological resources to a level below significance. Accordingly, the Project would not degrade the quality of the environment and impacts would be less than significant with implementation of Mitigation Measures MM CR -1 and MM CR-2.

Mitigation Measures: No additional mitigation measures are required. b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)?
Less Than Significant Impact With Mitigation Incorporated. Based on the analysis contained in this Initial Study, the proposed Project would not have cumulatively considerable impacts with implementation of Project mitigation measures. Implementation of standard conditions and mitigation measures at the Project-level would reduce the potential for the incremental effects of the proposed Project to be considerable when viewed in connection w ith the effects of past projects, current projects, or probable future projects.

Mitigation Measures: No additional mitigation measures are required. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?
Less Than Significant Impact With Mitigation Incorporated . Previous sections of this Initial Study reviewed the proposed Project’s potential impacts to human beings related to several environmental topical areas. As determined throughout this Initial Study, the proposed Project would not result in any potentially significant impacts that cannot be mitigated or reduced with implementation of mitigation measures and/or standard c onditions imposed by the City. The Project would not cause a substantial adverse effect on human beings, either directly or indirectly and impacts would be less than significant.

Mitigation Measures: No additional mitigation measures are required.

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5.0 REFERENCES
Ahrens, Donald C., Meteorology Today: An Introduction to Weather, Climate, & the Environment, 2006.

CalFire, Fire Hazard Severity Zone Maps, Fire Hazard Severity Zones in SRA, https://osfm.fire.ca.gov/divisions/wildfire-planning-engineering/wildland-hazards-building- codes/fire-hazard-severity-zones-maps/, accessed December 7, 2021.

CalFire, Fire Hazard Severity Zone Maps, Very High Fire Hazard Severity Zones in LRA, https://osfm.fire.ca.gov/divisions/wildfire-planning-engineering/wildland-hazards-building- codes/fire-hazard-severity-zones-maps/, accessed December 7, 2021.

California Air Resources Board (CARB), Risk Reduction Plan to Reduce Particulate Matter Emissions from Diesel-Fueled Engines and Vehicles, October 2000,
https://www.arb.ca.gov/diesel/documents/rrpFinal.pdf
California Air Resources Board (CARB), California’s 2017 Climate Change Scoping Plan: The Strategy for Achieving California’s 2030 Greenhouse Gas Target, November 2017, https://ww3.arb.ca.gov/cc/scopingplan/scoping_plan_2017.pdf California Air Resources Board (CARB), EMFAC2017 Web Database, https://arb.ca.gov/emfac/2017/ California Department of Conservation (CDC), Seismic Hazard Zone Map - Baldwin Park Quadrangle. 1999, accessed September, 2016,
http://gmw.consrv.ca.gov/shmp/download/quad/BALDWIN_PARK/maps/ozn_ baldp.pdf

California Department of Conservation (CDC), California Important Farmland Finder, https://maps.conservation.ca.gov/agriculture/, accessed December 8, 2021.

California Department of Fish and Wildlife, California Department of Fish and Wildlife (CDFW), California Regional Conservation Plans Map, 2019, accessed January 2021, https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=68626&inline

California Department of Transportation (CalTrans), Scenic Highway System Lists, List of Eligible and Officially Designated State Scenic Highways and List of Officially Designated County Scenic Highways, https://dot.ca.gov/programs/design/lap-landscape-architecture-and-community- livability/lap-liv-i-scenic-highways, accessed January 7, 2021.

California Department of Transportation (CalTrans), Technical Noise Supplement to Traffic Noise Analysis Protocol, September 2013.

California Department of Transportation (CalTrans), Transportation and Construction Vibration Guidance Manual, September 2013.

California Department of Transportation (CalTrans), Outdoor Advertising (ODA), https://dot.ca.gov/programs/traffic-operations/oda
California Energy Commission (CEC), Inventory of California Greenhouse Gas Emissions and Sinks 1990 to 2004 (CEC-600-2006-013-SF.),
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Initial Study/Mitigated Negative Declaration

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http://web.archive.org/web/20170323185651/http:/www.energy.ca.gov/2006publications/CEC- 600-2006-013/CEC-600-2006-013-SF.PDF
California Energy Commission (CEC), 2018 Power Content Label for Southern California Edison, https://www.energy.ca.gov/sites/default/files/2020-01/2018_PCL_Southern_California_Edison.pdf California Energy Commission (CEC), California Greenhouse Gas Emission Inventory – 2019 Edition, https://www.arb.ca.gov/cc/inventory/data/data.htm
California Energy Commission (CEC), Electricity Consumption by County, http://www.ecdms.energy.ca.gov/elecbycounty.aspx, accessed December 8, 2021.

California Energy Commission (CEC), Natural Gas Consumption by County, http://www.ecdms.energy.ca.gov/gasbycounty.aspx, accessed June 24, 2021.

California Energy Commission (CEC), 2019 Building Energy Efficiency Standards, https://www.energy.ca.gov/title24/2019standards/documents/2018_Title_24_2019_Building_Stan dards_FAQ.pdf, accessed June 23, 2020.

California Governor’s Office of Planning and Research (OPR), Transmittal of the Governor’s Office of Planning and Research’s Proposed SB97 CEQA Guidelines Amendments to the Natural Resources Agency, April 13, 2009,
https://planning.lacity.org/eir/CrossroadsHwd/deir/files/references/C01.pdf California Office of Historic Preservation (OHP), California Historical Resources, 2021, accessed January 2021, http://ohp.parks.ca.gov/ListedResources/?view=county&criteria=19 CalRecycle, SWIS Facility/Site Activity Details,
https://www2.calrecycle.ca.gov/SolidWaste/SiteActivity/Details/3531?siteID=1000, accessed December 8, 2021.

City of Baldwin Park. City of Baldwin Park 2020 General Plan, 2002a, accessed September 2016, https://www.baldwinpark.com/online-documents/community-development/planning/general- plan-individual-elements
City of Baldwin Park, City of Baldwin Park 2020 General Plan Update EIR, 2002b, accessed September 2016.

City of Baldwin Park. 2020. Baldwin Park Code of Ordinances, https://codelibrary.amlegal.com/codes/baldwinpark/latest/overview, accessed January 8, 2021.

Daktronics, Inc., Lighting Analysis for Daktronics DB 14’ x 48’ Digital Display 1529 Virginia Ave., Baldwin Park, CA 91706, December 11, 2020.

Federal Transit Administration (FTA), Transit Noise and Vibration Impact Assessment, May 2006.

Google Earth Pro, Google Earth Pro Program, 2021, accessed January, 2021 Intergovernmental Panel on Climate Change (IPCC), 2013, Climate Change 2013: The Physical Science Basis, Summary for Policymakers.,
http://www.climatechange2013.org/images/report/WG1AR5_SPM_FINAL.pdf Virginia Avenue Digital Billboard Project
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Los Angeles County Airport Land Use Commission (ALUC). 2014. County of Los Angeles Airports and Airport Influence Areas. Web. Accessed January, 2021. Available:
http://planning.lacounty.gov/assets/upl/project/ALUC_Airports_June2012_rev 2d.pdf South Coast Air Quality Management District (SCAQMD), CEQA Air Quality Handbook, 1993, https://www.aqmd.gov/home/rules-compliance/ceqa/air-quality-analysis-handbook# South Coast Air Quality Management District (SCAQMD), Final 2016 AQMP, http://www.aqmd.gov/home/air-quality/clean-air-plans/air-quality-mgt-plan/final-2016-aqmp Southern California Association of Governments (SCAQMD), 2016-2040 Regional Transportation Plan/Sustainable Communities Strategy, April 2016,
http://scagrtpscs.net/Pages/FINAL2016RTPSCS.aspx
United States Geological Survey (USGS). 2004. Geologic Setting of the Transverse Ranges Province. Web.

Accessed September, 2016. Available:
http://geomaps.wr.usgs.gov/archive/scamp/html/scg_trans_sgm.html United States Geological Survey (USGS). 2016. Quaternary Fault and Fold Database of the United States.

Web. Accessed January, 2021. Available: http://earthquake.usgs.gov/hazards/qfaults/map/#qfaults United States Green Building Council (USGBC), Green Building Costs and Savings, 2020, https://www.usgbc.org/articles/green-building-costs-and-savings, accessed June 24, 2020.

United States Environmental Protection Agency (U.S. EPA), Climate Change Indicators in the United States: Global Greenhouse Gas Emissions, Updated May 2014, www.epa.gov/climatechange/indicators
United States National Parks Service (NPS). 2014. National Register of Historic Places Program: Research.

Web. Accessed January, 2021. Available: https://www.nps.gov/nr/research/

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6.0 REPORT PREPARATION PERSONNEL
City of Baldwin Park (Lead Agency)
Community Development Dept.
14403 East Pacific Avenue
Baldwin Park, CA 91706

Melissa Chipres, Associate Planner

De Novo Planning Group (Environmental Consultant)
1020 Suncast Lane, Suite 106
El Dorado Hills, CA 95762
916.949.3231

Ben Ritchie, Principal Planner
Josh Smith, Associate Planner

Technical Specialists

Daktronics (Lighting)
201 Daktronics Drive, PO Box 5128
Brookings, SD 57006

Eric Johnson, Applications Engineer

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APPENDIX A – SIGN LIGHTING STUDY

201 Daktronics Dr. PO Box 5128
Brookings, SD 57006-5128

tel 800-325-7446 605-692-0200
fax 605-692-0381

www.daktronics.com
DF-02766
December 11, 2020

Re: Lighting Analysis for Daktr onics DB 14’ x 48’ Digital Display 1529 Virginia Ave., Baldwin Park, CA 91706

The attached lighting analysis pertains to the digital billboard display manufactured by Daktronics, Inc., and proposed for installation at 1529 Virginia Ave., Baldwin Park, CA 91706. The following is an explanation of the analysis:

1. Units of Measurement. A foot‐candle (or foot‐candle, fc, lm/ft2, or ft‐c) is a measurement of light intensity.

One foot‐candle is defined as enough light to saturate a one‐foot square with one lumen of light. For example, where the display illuminates at 0.19 foot‐candles, it has a light intensity of approximately 19% of a single wax candle as viewed from 1 foot away.

2. Assumptions: The accompanying graph depicts illumination levels in foot candles that the display will produce based on nighttime running levels at a measurement height of 87 feet in elevation. The measurements assume total darkness with regards to the surrounding light and an all‐white content on the display. These assumptions provide for the worst‐case scenario, not the more likely application.

3. Practical Application: Typical content runs at 25‐35% of the brightness of all‐white content, therefore, the actual levels of illumination will nearly always be markedly lower than that shown in the graph.

4. Ambient Light Effects. The presence of ambient light producing elements at night including, but not limited to, roadway and traffic lighting, commercial lighting from nearby commercial properties, the moon, etc., will further diminish the impact of the light output from the display in question.

5. Other Limiting Factors. Daktronics digital billboards produce directional illumination which means the light shines in an out‐and‐downward fashion which limits illumination onto unintended areas. Further, the Daktronics digital display is equipped with a light sensor allowing for automatic dimming utilizing 256 levels of dimming. The display’s dimming capabilities are designed to ensure that it does not exceed 0.3 foot candles above ambient light as measured from an appropriate distance from the signi. The 0.3 foot candles metric is a leading industry standard and has been adopted in numerous states and municipalities throughout the U.S.

201 Daktronics Dr. PO Box 5128
Brookings, SD 57006-5128

tel 800-325-7446 605-692-0200
fax 605-692-0381

www.daktronics.com
DF-02766
Please let me know if you have any questions or concerns.

Sincerely,
Daktronics, Inc.

Eric Johnson
Applications Engineer
605‐692‐0200

i Please note, while the sign’s brightness during daylight hours would be almost always incidental, there may be times in which the sign would produce illumination levels above ambient light during such hours. Examples when such an occurrence could happen would be during a very dark and stormy day. It is important to note, however, that the sign is equipped with a working photo‐sensor that automatically adjusts its brightness based on ambient light. The photo‐sensor adjusts the sign’s brightness to lower levels, preventing the sign from appearing overly bright during those rare occasions where its brightness would exceed ambient light.

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APPENDIX B – APPROVED PLANS

REARLADDER
17'-6"
48'-0" FACE
4'-0"8'-0"8'-0"8'-0"8'-0"8'-0"4'-0"

WALKWAYLEDGERWALKWAY
1"W6x9 1/2"
1/2" Ø J-BOLT,EACH SIDE OF WALKWAY1/2" ØJ-BOLT1/2" Ø J-BOLTGRATING X EXPANDED METALWELDED TO ANGLES @ 18" O.C.3.14 psf - FOR WALKWAY(3'-1 1/2" WIDE)2.0 psf - FOR WALKWAY(2'-1 1/2" WIDE) FRAMEL4"x3"x1/4" LLV FOR FRONT WALKWAYL3"x3"x1/4" FOR REAR WALKWAY

TYPICAL WALKWAY DETAILWALKWAY MOUNTING DETAIL
REAR LEDGER3 SIDES1/4
UPRIGHTCLIP ANGLEL 3"x3"x1/4" x 4 3/4"w/ (2) 1/2"ØA-307 BOLTS1 3/4"1 3/4"1 1/8"1 1/8"SECTION E-E 3/8"Ø CROSBY CLIP, G-450OR EQUAL (3 REQUIRED PERCONNECTION) 3/8"Ø 7 x 19PREFORMEDGALVANIZED STEELAIRCRAFT STRANDCABLE - IN MEASURED POSITION (A FORCE OF 1O LBS.SHALL BE APPLIED TO THE CABLE WHEN MEASURING THEDEFLECTION, TO TAKE THE SLACK OUT OF CABLE.)UPRIGHT SPAN = L 3/8" Ø GALVANIZEDWIRE ROPE THIMBLE10" MIN.4"3/4" Ø DROP FORGEDEYEBOLT w/ LOCK WASHERAND 2 HEAVY HEX NUTS4" C 5 x 6.7CABLE - RELAXEDL / 30

SAFETY CABLE MOUNTINGSAFETY CABLE TENSION

LEVEL CABLE MOUNT CABLE MOUNT
1/4
2 1/2"CROSSOVER ORWALKWAY FRAMING
L 2" x 2" x 3/8"AT 4'-4" O.C. MAX.L 2" x 2" x 1/4"
L 2" x 2" x 1/4"1'-9"3'-6"1'-9"
1/4

TYPICAL HAND RAIL CONNECTION
(1) 5/8"Ø A307 BOLTAT EACH POST
1 1/8"FRONT LEDGER1 1/8"
UPRIGHTCLIP ANGLEL 3" x 3" x 3/8"w/ (2) 1/2"ØA-307 BOLTS@ EACH LEG1 1/2"SECTION D-D 1/41/4
UPRIGHTSTRINGERL 4" x 3" x 1/4"LLH
CLIP ANGLEL 5" x 3" x 1/4" x 4 3/4" LLHw/ (2) 1/2"Ø A-307 BOLTSGA. 2 1/4"3 3/4"

STRINGER MOUNTING DETAIL
2 1/2"1/4

PLAN VIEW
CLIP ANGLEL 3x3x1/4 x 0'-3"DOUBLE NUTSPREADERORUPRIGHTBRACEBAR 3/4"Ø

CROSS BRACE DETAIL
4 1/2"1 1/2"(8) 5/8"ØA-325 BOLTSGA. 2 1/4"
SECTION B-BTORSIONUPRIGHT-SPREADER-TORSION CONN.

SPREADERW12x30 /W12x40CC
UPRIGHT W12x16PL 1/4"2"x6"B.S.
1/4
B
B
VARIES
PL 3/8"3"x FIT B.S.1/41/41/42" ON CL
W12x30 /W12x40
3"4 1/2"
1'-0"SECTION C-C4"1'-0"4" 1 1/2"1 1/2"
1/41/4 PL 3/8"3"x FIT B.S.
3 1/2"
1 1/2"3"PL 1/2"x7 1/2"x1'-6"1'-8" TORSIONCOLUMN
3/4"ØSPREADERCROSSBRACE
BRACEL3"x3"x1/4"w/ (2) 1/2"ØA-307 BOLTS@ EA. CONN.(T & B) TORSION

BRACEREARWALKWAYSEE CROSSBRACE DETAIL
SECTION F-FL3"x3"x1/4"EQ. SPACED(4) REQ'D
1/42-6
(8) 3/4"ØA-325 BOLTSGA. 3 1/2" (W12x30)GA. 5 1/2" (W12x40) 17'-6"

TORSIONCOLUMN

LED DISPLAY(BY OTHERS)
17'-0"17'-0"14'-0"FACE
3'-0"APRON

UPRIGHTTORSIONBRACE
BRACE

REARWALKWAY

TORSION
5 EQ. SP.@ 8'-0" = 40'-0"48'-0" FACE4'-0"4'-0"
COLUMN SPLICE 1 DETAIL
5'-6"
LOWERCOLUMN PIPE48"Ø x 1.00"(Fy = 45 KSI)
UPPERCOLUMN PIPE42"Ø x .875"(Fy = 45 ksi)
1" RINGPLATE
3/8
1 3/8@ 30° O.C.
6"
3/8

2.5 1"MIN.
1/2"1/2
1 1/2" RINGPLATE

ELEVATION
73'-0"H.A.G.L.
2 3/4" BACK SET COLUMNPER 1/4" PER 4'-0"
90'-0"O.A.H.
32'-0"
SEE COLUMNSPLICE 1 DETAIL
31'-0"
COLUMN SPLICE 2 DETAIL
6'-0"
LOWER COLUMNPIPE54"Ø x 0.750"(Fy = 45 KSI)
UPPERCOLUMN PIPE48"Ø x 1"(Fy = 40 ksi)
1" RINGPLATE
3/8
3/8
1 3/8@ 30° O.C.2 3/4
6"
2"MIN.
1"1/2
1 1/2" RINGPLATE

SLOPE CONCRETEAWAY FROM PIPEGRADE
SEE COLUMNSPLICE 2 DETAIL
10'-0"

COLUMN-TORSION CONNECTION
PL 1 1/2"1'-9"
W36x150
10"
TORSION PIPE36"Ø x 0.625"(Fy = 42 ksi)
1'-3"UPPERCOLUMN PIPE42"Ø x 0.875"(Fy = 45 ksi)PL 1/2"GUSSETS(20) REQ'D(5) @ EA.CORNER 3/8 6 1/8"1/45/16AAPL1/2"TYP.

TYP.
1'-9"1'-9"PL 14" PL5/8"
SECTION A-A(20) 1 1/2"Ø (PT)A-325 BOLTSPL 1 1/2"
4'-6"SQUARE3"6"6" 3"6"1'-6"3"6"1'-6"
6"6"
3"6"6"6"6"
45°
3'-0"APRON
14'-0"FACE
UPRIGHT W12x16
APRON

TYPICAL SECTION THRU SIGN

DIGITAL DISPLAYAND ATTACHMENT(BY OTHERS)
3'-6"5 1/2"2'-1 1/2"
BRACE L3"x3"x1/4"w/ (2) 1/2"Ø A-307 BOLTS@ EACH CONNECTION 5 1/2"2'-1 1/2"

VARIESTORSION
5'-0"
SPREADER2'-1 1/2"5 1/2"LOWER REARWALKWAY
1'-6"1'-2"
EEW6x9
BRACE L3"x3"x1/4"w/ (2) 1/2"Ø A-307 BOLTS@ EACH CONNECTION TBD
6'-0"Ø
FF10'-0"
10'-0"
DECORATIVE BOLLARD, ASTM A48 CLASS 30CAST IRON BLACK POWDER COAT FINISH(BY OTHERS) C:\USERS\FANNIE\DESKTOP\RMG\RMG E-SHEETS\2020\LAMAR PRELIM BALDWIN PARK CAJOB NO.DATESHEET NO.

DR.CH.
14' x 48'SINGLE POSTPARTIAL FLAGDOUBLE FACE35' V-BUILDLED READY (BOTH SIDES) S1 of 103/27/20
CUSTOMERLAMAR ADVERTISING1529 VIRGINIA AVEBALDWIN PARK, CASIGN LOCATION THIS PRINT IS THE PROPERTY OF RMG OUTDOOR, INC.PROFESSIONAL SEAL VALID ONLY WHENFABRICATED BY THE ABOVE. IT ISPROVIDED FOR PERMIT PURPOSES ONLY.ANY OTHER USE OR REPRODUCTION ISPROHIBITED WITHOUT WRITTENAUTHORIZATION FROMRMG OUTDOOR, INC.

FS
Phoenix, Arizona 850164425 North 24th Street, Suite 200Phn: (602) 230-8634 Fax: (602) 230-9071 JESENG. NO.G-XXPRELIMINARY DRAWINGNOT FOR CONSTRUCTION
NOTES AND SPECIFICATIONS(APPLY UNLESS OTHERWISE NOTED)CODE - 2019 CBCWIND DESIGN - SIGN STRUCTURE WIND LOADS ARE DETERMINED IN ACCORDANCE WITH ASCE 7-16SECTION 29.3.1.BASIC WIND SPEED: 115 MPH (3 SECOND GUST)RISK CATEGORY: IIEXPOSURE: CDESIGN WIND PRESSURE (SERVICE LEVEL): 28.8 PSF (AVERAGE), 40.2 PSF (MAXIMUM AT ENDS),REFER TO ASCE 7-16 FIGURE 29.3-1.ANY SIGN COMPONENTS NOT SPECIFICALLY DETAILED ON THESE DRAWINGS BUT ATTACHED TOTHE STRUCTURE SHALL BE DESIGNED IN ACCORDANCE WITH THE INFORMATION ABOVE.SEISMIC DESIGN - SIGN STRUCTURE SEISMIC LOADS ARE DETERMINED IN ACCORDANCE WITHASCE 7-16 CHAPTER 15 USING DATA FOR SIGNS AND BILLBOARDS FROM TABLE 15.4-2.:RISK CATEGORY: IIMAPPED SPECTRAL RESPONSE ACCELERATIONS: SS = 1.395, S1 = 0.548SITE CLASS: DSPECTRAL RESPONSE COEFFICIENTS: SDS =0.93, SD1 = 0.548SEISMIC DESIGN CATEGORY: "D"FORCE RESISTING SYSTEM: CANTILEVERED COLUMNDESIGN BASE SHEAR: 10.76 KIPSSEISMIC RESPONSE COEFFICIENT (CS): 0.310RESPONSE MODIFICATION FACTOR (R): 3.0SEISMIC BASE SHEAR IS DETERMINED IN ACCORDANCE WITH SECTION 12.8 "EQUIVALENT LATERALFORCE PROCEDURE" USING THE DESIGN DATA ABOVEDESIGN LIVE LOAD - MAINTENANCE PLATFORM. 40 PSF OR 300 LBS CONCENTRATED LOAD.DESIGN DEAD LOAD - LED DISPLAY: 9000 LBS EACH (FUTURE)OTHER STRUCTURAL MEMBERS: AS NOTED IN CALCULATIONSSTEEL - WIDE FLANGES - ASTM A-992, OTHER SHAPES & PLATES - ASTM A-36.PIPE SECTIONS - ASTM A-53 GR B OR A 252 GR 2, OR API - LX WITH MINIMUM YIELD STRENGTH ASINDICATED ON DRAWINGS.EXPANDED METAL GRATING - EXPANDED METAL GRATING SHALL BE MANUFACTURED FROMCARBON STEEL IN CONFORMANCE WITH THE EXPANDED METAL MANUFACTURERS ASSOCIATION(EMMA) STANDARD NO. 557-99, 'STANDARDS FOR EXPANDED METAL.' EMMA IS A DIVISION OF THENATIONAL ASSOCIATION OF ARCHITECTURAL METAL MANUFACTURERS (NAAMM).ALL STRUCTURAL STEEL SHALL BE FABRICATED AND ERECTED ACCORDING TO LATEST AISCSPECIFICATIONS AND STANDARD PRACTICE.PAINTING - ALL STRUCTURAL STEEL, EXPOSED TO WEATHER, SHALL BE SHOP PRIMED ANDPAINTED IN ACCORDANCE WITH AISC 335 (SPECIFICATION) AND AISC 303 (STANDARD PRACTICE).CONCRETE - CONCRETE SHALL HAVE A MINIMUM COMPRESSIVE STRENGTH OF 3,000 PSI(DESIGNED AT 2,500) AT 28 DAYS AND BE PLACED IN ACCORDANCE WITH ACI 318. CONCRETE MIXSHALL BE PROPORTIONED WITH A MAXIMUM SLUMP OF 5”.WELDING - ALL WELDING PROCEDURES, MATERIALS AND COMPONENTS SHALL BE IN COMPLIANCEWITH AWS D1.1 USING E70XX OR EQUAL. FIELD WELDING IS NOT ALLOWED WITHOUT APPROVALOF ENGINEER. ALL FIELD WELDING WILL REQUIRE SPECIAL INSPECTION.BOLTS - ALL REGULAR SHALL CONFORM TO ASTM A-307. HIGH STRENGTH BOLTS SHALL CONFORMTO ASTM A-325N. ALL BOLTS SHALL BE INSTALLED TO A SNUG TIGHT CONDITION UNLESS NOTEDTO BE PRE-TENSIONED (PT). PT BOLTS SHALL BE FULLY TENSIONED PER AISC TURN OF THE NUTMETHOD (1/3 OF A TURN PAST A SNUG TIGHT CONDITION) OR OTHER AISC APPROVED TENSIONINGMETHOD.ROUND COLUMN FOOTING - EMBEDMENT DEPTH FOR FOOTING DOES NOT APPLY TO LOCATIONSWHERE WALLS OF THE HOLE WILL NOT STAND WITHOUT SUPPLEMENTAL SUPPORT, OR WHEREUNCOMPACTED FILL OR ORGANIC FILL EXISTS. FOUNDATION IS DESIGNED UTILIZING LATERALBEARING PER IBC SECTION 1807.3.2.1. DESIGN LATERAL SOIL PRESSURE PER IBC TABLE 1806.2 IS300 PSF/FT (SOIL CLASS 4 - TYPE: SAND, SILTY SAND, CLAYEY SAND, SILTY GRAVEL, AND CLAYEYGRAVEL). ALLOWABLE LATERAL SOIL PRESSURE HAS BEEN MULTIPLIED BY 2 PER SECTION1806.3.4. VERIFY SOIL TYPE DURING EXCAVATION. NOTIFY ENGINEER OF ANY DISCREPANCY.EXTEND COLUMN PIPE TO BOTTOM OF FOOTING (3" CONCRETE COVER REQUIRED)SPECIAL INSPECTIONS - SPECIAL INSPECTIONS ARE REQUIRED PER CHAPTER 17 FOR THEFOLLOWING ITEMS:--HIGH STRENGTH BOLTS: PERIODIC INSPECTION TO REVIEW BOLT TYPE AND TENSION--PIER FOUNDATION: VERIFY PROPER DEPTH AND DIAMETERSTEEL FABRICATOR - ALL STRUCTURAL STEEL SHALL BE SHOP FABRICATED BY THE FOLLOWINGCITY OF LOS ANGELES APPROVED FABRICATOR:PAGE STEEL2040 INDUSTRIAL DRIVEPAGE, AZ 85040UNLESS SPECIFICALLY INDICATED AS FIELD WORK, NO FIELD WELDING IS ALLOWED WITHOUT THEAPPROVAL OF THE ENGINEER OF RECORD. SPECIAL INSPECTIONS IS REQUIRED FOR ALL FIELDWELDING.THE ERECTOR SHALL VERIFY ALL DIMENSIONS AND CONDITIONS IN THE FIELD BEFORE ERECTIONAND NOTIFY ENGINEER OF ANY DISCREPANCIES. ERECTORS SHALL NOTIFY ENGINEER IFSTRUCTURE IS LOCATED NEAR ANY BUILDINGS.THE UNDERSIGNED ENGINEER WILL NOT SUPERVISE THE FABRICATION OR ERECTION OF THISSTRUCTURE.

DAKTRONICS.COM E-MAIL: [email protected]
201 Daktronics Drive, PO Box 5128, Brookings, SD 57006
Phone: 1-800-325-8766 or 605-692-0200 Fax: 605-697-4746 DD4570066 REV01 112719

DIGITAL BILLBOARD MODEL SPECIFICATIONS
SIZE
(INDUSTRY
NAMES)

DISPLAY SIZE

ACTIVE AREA

OVERALL

DISPLAY SIZE

ROWS AND

COLUMNS

PIXEL SPACING
(MM)

DISPLAY
WEIGHT

OPERATING
AMPS**
POWER

REQUIREMENTS
14' x 48'
(Bulletin) 13'2" x 47'3" 13'8" x 47'9" 200 x 720
240 x 864
20 MT
16 MT
5,050 lbs
(2,295 kg) 16 amps 64 amps
*Brightness can be adjusted to meet local regulations.
**Measurements based on content over a 24 hour period @120/240VAC.

For precise measurements, request a Daktronics shop and riser drawing.

DB-6500 14'x48' PRODUCT SPECIFICATIONS
Power Requirements:
64 Amps
Brightness*:
8,500 nits when shipped;
5,000 nits at year 10 guarantee
Service Access:

Front and rear access-standard
Environmental Protection:

Fully-sealed IP-67 module, fully-sealed
power supply, and PLR
LEDs per Pixel:
3 color matched LEDs: 1 red, 1 green, 1 blue
Viewing Angle:
160° H x 70° V
Compliance Information:

UL, cUL, UL-Energy Verified,
IBC 2012, FCC Compliant
Operating Temperature:
-30° to +120° F (-34° to +49° C)
Contrast:

High-contrast, non-reflective louver design
Color Capability:
19 bit - 144 quadrillion
Light Control Standards:

Complies with local, federal, and
industry light output standards
Diagnostics:

Advanced diagnostics checks
the following:
- Module and display temperatures
- Display dimming
- Non-visual alerts
- Visual inspection
Filterless Display:

Less maintenance, sealed components
with increased reliability
Integrated Control System:
- Governs hold times
- Limits media to static images
Display Calibration:

Factory calibrated individual LEDs
Display Dimming:
256 dimming levels
Snap™ Technology:

Automatically blend new modules
with existing
Visual Verification:
- Webcam
- Retractable webcam arm
(where applicable)
SmartLink™:

Remote control and
redundant communication
Multidirectional Light Sensor System:

Multi-direction sensing with
power-saving algorithms
Surge Suppression:

Standard
Virginia Avenue Digital Billboard Project
Initial Study/Mitigated Negative Declaration Screencheck Review Draft

January 2021 Page 77

APPENDIX C – TRIBAL CONSULTATION LETTERS

July 28, 2021

Linda Candelaria
Co-Chairwoman
C/O Sam Dunlap, Cultural Resource Representative
Gabrielino Tongva Tribe
[email protected]

RE: Tribal Consultation Notification Pursuant to Assembly Bill 52 ; 1529 Virginia Avenue Project, Baldwin Park, California

Chairwoman Candelaria:

This letter is to notify you of the proposed double faced digital billboard at 1529 Virginia Ave. (APN: 8558- 032-018), (Proposed Project) described below in the City of Baldwin Park (City), Los Angeles County, California. Pursuant to the California Environmental Quality Act (CEQA) and CEQA Guidelines, the City, as Lead Agency, has initiated preparation of an Initial Study/Mitigated Negative Declaration for the Proposed Project.

The subject property is located in an “Industrial Commercial” (I -C) Zone. The surrounding land uses and zoning consists of Industrial Commercial (I-C) to the north, west, and south, and Freeway Commercial (F- C) on the east of the subject property.

The proposed project has been tentatively approved by the City’s Design Review Committee and requires approval by the Planning Commission of the following entitlements:

1. Design Review for the billboard architecture and site design.

2. Development Agreement review for the

Your tribal group is invited to contact the City and participate in AB 52 consultation with the City pertaining to the Pro posed Project. Please consider this letter and preliminary project information as the formal notification of the Proposed Project. The point of contact for the City is as follows.

Name/Title: Melissa Chipres, Associate Planner
Address: 14403 E. Pacific Ave
City and Zip Code: Baldwin Park, CA 91706
Telephone: 626.960.4011, ext. 452
Email: [email protected]

The City would appreciate receiving any comments, information or questions you may have regarding cultural places within the Proposed Project site. All information provided will be kept confidential.

Pursuant to Government Code Section 65352.3, please respond with 30 thirty days of the date of this letter if you would like to consult on the Proposed Project. Apart fr om consultation, please contact Melissa Chipres, Associate Planner, at 626.960.4011, ext. 452 if you would like to be notified of public hearings for the proposed project or if you have any questions or concerns with the proposed project.

Thank you for your involvement in this process and your attention to this matter.

Sincerely,

Melissa Chipres
Associate Planner

July 28, 2021

Mr. Andrew Salas, Chairperson
Gabrieleño Band of Mission Indians-Kizh Nation
P. O. Box 393
Covina, CA 91723

RE: Tribal Consultation Notification Pursuant to Assembly Bill 52; 1529 Virginia Avenue Project, Baldwin Park, California

Chair Salas:

This letter is to notify you of the proposed double faced digital billboard at 1529 Virginia Ave. (APN: 8558- 032-018), (Pro posed Project) described below in the City of Baldwin Park (City), Los Angeles County, California. Pursuant to the California Environmental Quality Act (CEQA) and CEQA Guidelines, the City, as Lead Agency, has initiated preparation of an Initial Study/Mitigated Negative Declaration for the Proposed Project.

The proposed project has been tentatively approved by the City’s Design Review Committee and requires approval by the Planning Commission of the following entitlements:

1. Design Review for the billboard architecture and site design.

2. Development Agreement review for the

Your tribal group is invited to contact the City and participate in AB 52 consultation with the City pertaining to the Proposed Project. Please consider t his letter and preliminary project information as the formal notification of the Proposed Project. The point of contact for the City is as follows.

Name/Title: Melissa Chipres, Associate Planner
Address: 14403 E. Pacific Ave
City and Zip Code: Baldwin Park, CA 91706
Telephone: 626.960.4011, ext. 452
Email: [email protected]

The City would appreciate receiving any comments, information or questions you may have regarding cultural places within the Proposed Project site. All information provided will be kept confidential.

Pursuant to Government Code Section 65352.3, please respond with 30 thirty days of the date of this letter if you would like to consult on the Proposed Project. Apart from cons ultation, please contact Melissa Chipres, Associate Planner, at 626.960.4011, ext. 452 if you would like to be notified of public hearings for the proposed project or if you have any questions or concerns with the proposed project.

Thank you for your involvement in this process and your attention to this matter.

Sincerely,

Melissa Chipres
Associate Planner

July 28, 2021

Mr. Joseph Ontiveros
Cultural Resource Director
Soboba Band of Luiseno Indians
P. O. Box 487
San Jacinto, CA 92581

RE: Tribal Consultation Notification Pursuant to Assembly Bill 52 ; 1529 Virginia Avenue Project, Baldwin Park, California

Chair Ontiveros:

The proposed project has been tentatively approved by the City’s Design Review Committee and requires approval by the Planning Commission of the following entitlements:

1. Design Review for the billboard architecture and site design.

2. Development Agreement review for the

Your tribal group is invited to contact the City and participate in AB 52 consultation with the City pertaining to the Proposed Project. Please consider this letter and preliminary project information as the formal notification of the Proposed Project. The point of contact for the City is as follows.

Name/Title: Melissa Chipres, Associate Planner
Address: 14403 E. Pacific Ave
City and Zip Code: Baldwin Park, CA 91706
Telephone: 626.960.4011, ext. 452
Email: [email protected]

The City would appreciate receiving any comments, information or questions you may have regarding cultural places within the Proposed Project site. All information provided will be kept confidential.

Pursuant to Government Code Section 65352.3, please respond with 30 thirty days of the date of this letter if you would like to consult on the Proposed Project. Apart from consultation, p lease contact Melissa Chipres, Associate Planner, at 626.960.4011, ext. 452 if you would like to be notified of public hearings for the proposed project or if you have any questions or concerns with the proposed project.

Thank you for your involvement in this process and your attention to this matter.

Sincerely,

Melissa Chipres
Associate Planner

Vicinity Map

LOCATION: 1529 Virginia Avenue

CASE NUMBER: DA 19-03

DATE: April 20, 2022

AREA
MAP
Not to Scale
N

Subject
Property

ITEM NO. 7

STAFF REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Manuel Carrillo Jr., Director of Recreation & Community Services DATE: April 20, 2022
SUBJECT: Approve 4 th of July Spectacular Show Budget and Award of Agreement with Pyro Spectaculars, Inc.

SUMMARY
The purpose of this staff report is for City Council to consider the approval of the 4th of July Spectacular Show Budget and award the agreement to Pyro Spectaculars, Inc. for professional pyrotechnic services.

RECOMMENDATION
It is recommended the City Council to:

1. Approve the 4 th of July Spectacular Show Budget; and

2. Select event date Saturday, July 2 nd or Sunday, July 3rd; and

3. Award agreement with Pyro Spectaculars, Inc. in the amount of $22,000; and

4. Authorize Director of Recreation & Community Services to execute the agreement and any associated documents; and

5. Authorize the Director of Finance to appropriate funding and make necessary changes to the budget.

FISCAL IMPACT
There is a fiscal impact to the General Fund in the amount of $57,755 for a 4 th of July Spectacular Show. The total estimated event cost includes pyrotechnic show, operational costs, live entertainment, carnival rides, equipment, promotional giveaways, permits and sound technician, full-time and part- time salaries.
4th of July Spectacular- Proposed Budget FY2022-23
Fulltime
Personnel
Recreation
Part-time
Personnel
Recreation
Professional
Services
Recreation
Materials &
Supplies
Printing
Recreation
Equipment
Rental
Recreation
Fulltime
Personnel
Public Works
Part-time
Personnel
Public Works
Professional
Services
Public Works
Materials &
Supplies
Public Works
Fulltime
Personnel
Police
Total
975 2,430 32,000 1,950 8,000 3,000 1,200 700 500 7,000 57,755

BACKGROUND
At their March 2, 2022, City Council meeting, the City Council approved a Request for Proposal (RFP) to solicit bids from professional pyrotechnic companies for synchronized fireworks show to be performed on July 4, 2022. Only four (4) companies in the United States exist to provide professional pyrotechnic services, they are Zambellie Brother, FX America Stage, Exposhows Inc., and Pyro Spectaculars. Since professional pyrotechnic services is a specialized field, staff took an active approach to increase the bid pool by placing several phone calls, mailing, emailing and faxing letters to encourage the participation from these four (4) companies in the bidding process. Despite several

efforts to reach out to all four (4) companies, Pyro Spectaculars, Inc. and Exposhows Inc. were the only two (2) to submit a proposal. Out of the two (2) proposals received none are not available to provide the services on Monday, July 4, 2022. The proposals included two (2) date options for City Council to select from; 1) Saturday, July 2 nd or 2) Sunday, July 3, 2022. Below is a comparison table of the two (2) proposals received detailing the number of ariel shots, average per shell cost, and fireworks show cost.

Pyrotechnic Company Pyro Spectaculars, Inc. Exposhows Inc.

Grand total shell count 4,432 3,234
Average cost per shell $4.96 $6.18
Total show cost $22,000.00 $20,000.00
After reviewing the proposals, Staff recommends to award a contract to Pyro Spectaculars, Inc., if City Council selects one of the options proposed. Although Pyro Spectaculars, Inc. proposal is $2,000 more, when the average cost per shell is compared Pyro Spectacular, Inc. is the lowest and provides more aerial shots. Pyro Spectaculars, Inc. met all the requirements set forth by the city, county, state and federal guidelines. In addition to the pyrotechnic show the festivities include live entertainment, carnival rides, inflatables, balloon artist, face painting, and food booths. The proposed location of the event is Sierra Vista Jr. High School Sports Field. Upon Approval Staff will request the use of the facility with Baldwin Park Unified School District. The proposed estimated budget includes a live performance, sound technician, kids’ carnival rides, equipment rental, portable restrooms and use of facilities fees associated with the use of the site.

ALTERNATIVES
The City Council may elect not to approve the agreement.

LEGAL REVIEW
The City Attorney has reviewed the agreement and approved it as to form.

ATTACHMENT

1. Agreement July 2

2. Agreement July 3

STAFF REPORT

ITEM NO. _______8________

TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, Chief Executive Officer
Rose Tam, Director of Finance
Lourdes Morales, Chief Deputy City Clerk
DATE: April 20, 2022
SUBJECT: Sales Tax Proposal

SUMMARY
Cities, counties, certain regional agencies, and the State of California rely on the sales tax as a source of revenue to provide essential services and facilities to their residents. Generally referred to as the “Sales Tax”, it is technically known as the California Sales, Use, and Transaction Tax, which is the aggregate of state, county, regional agency, and local sales tax.

Currently the total sales tax rate applicable in the City of Baldwin Park is 9.5%; Forty-six (46) out of the eighty-eight (88) cities in Los Angeles County have passed voter ballot measures to raise their rate to

10.25%, certainly with the purpose of providing enhanced services and essential investments for their communities, but also as a way of ensuring that such funding stays for direct local uses.

By state law, the maximum sales tax rate is capped at 10.25% across LA County (except the City of Santa Fe Springs which is at 10.5%), which for us in the City of Baldwin Park provides a permissible capacity of 0.75%, from 9.5% to 10.25%. This capacity can be accessed by the City thru a voter - approved ballot initiative for the benefit of our residents; contrastingly, the same capacity could be tapped by the County, or any number of regional agencies who have taxation authority, and always an appetite for such opportunities. As an example, LA County Metropolitan Transit Authority (MTA) brought forth Measure R in 2008, and Measure M in 2016 both sales tax ballot measures of 0.5% each; and LA County Board of Supervisors brought forth Measure H in 2017, a 0.25% ballot measure for homelessness services.

Given this window of opportunity to ensure that any potential tax revenue be secured for the direct benefit of Baldwin Park residents and not let it be diluted across the county, it would be prudent for the City to consider bringing forth its own voter ballot initiative for the 0.75% left in capacity under the cap of 10.25%.

This report presents a number of re commended steps for the city to move in such a direction toward the general election of November 8, 2022.

RECOMMENDATION
Staff recommends that the City Council

1. Authorize staff to proceed with a public engagement process to present and discuss the merits of a potential sales tax ballot measure for 0.75% for the November 2022 general election, to city residents, community groups, neighborhood associations, stakehol der associations, the business community, school district, special districts, and other organizations; and

2. Direct the Chief Executive Officer to complete and present the results of the public poll currently being conducted; and

3. Instruct the City Attorney , the Chief Deputy City Clerk, and the CEO to draft language for the ballot for future Council consideration, timely for the November 2022 election timeline; and

4. Instruct the Director of Finance and the CEO to update and present revenue estimates utilizin g the most recent sales tax data available; and

5. Direct the CEO to develop and present to the City Council for approval the formation of an advisory committee made up members of the community and two members of the City Council.

FISCAL IMPACT
Estimated revenue from the Sales Tax at the current 9.5% rate for 2021-2022 fiscal year is $8.2 Million.

Projected additional revenue from the 0.75% sales tax under consideration is $6.0 million, for a total estimated annual revenue of $14.2 million.

BACKGROUND
At its Special Meeting of February 2, 2022, during its Study Session segment of the meeting, Council heard a presentation by Staff and Dragonfly and Six Heron Consultants on the regional landscape of sales tax ballot measures in LA County, where the trend has been clear with now a majority (46 out of 88) of the cities in LA County having passed a sales tax ballot measure to secure the capacity for direct city purposes, and raised it in most cases to 10.25%.

Since the presentation, Staff has been conducting more research on the subject matter and have commissioned the specialty firm North Point Inc. to conduct an updated poll of residents of the city on their impressions regarding a sales tax. A previous poll conducted in early 2020 before the start of the Covid pandemic demonstrated wide support (80%) for a such a measure. A follow -up survey within a few months following the start of the pandemic showed a slight decrease in support, but still significantly supported. Results of the public poll will be available in late May 2022 at which time they will be presented to the City Council.

DISCUSSION
Investing in essential city services and programs is one of the top priorities of city government.

Residents depend on such critical services like public safety, emergency response, street and sidewalk infrastructure, roadway traffic and signal safety, timely bulky items collection and graffiti removal, parks infrastructure, community and recreation programs, open green space to connect with nature and support local habitat, infrastructure for walkability throughout the city, affordable housing programs, workforce development, and the promotion of sports and physical and mental fitness for all residents, among others.

While it is often assumed that local government has adequate funding to provide all of the essential services, it is important to note that w e are often financially challenged to reliably and consistently provide them to meet the expectations of our city residents. The quality of life in our communities depends on our ability to deliver these basic services and infrastructure.

Currently the City receives 1% (known as the Bradley-Burns local sales tax) of the 9.5% total sales tax as approved by the State of California . It is proposed that the local sales tax portion be increased by .75% to 1.75% to ensure that the additional revenue stays for lo cal uses. Unlike the Bradley -Burns portion of the sales tax, which is guaranteed for the city, the remaining .75% would be “up -for- grabs” for whichever taxing authority encumbers it first. We believe it is imperative that we act to protect such potential revenue for city uses by placing a ballot measure to ask Baldwin Park voters to consider doing so.

Upon City Council’s approval of this report, Staff will engage in a series of many conversations with various members of the community to determine the hig hest priorities for potential investments of the additional revenue. We know that not all investments can be made at once but being able to develop a strategic investment plan to be implemented over time would be in order. Further, the community advisory committee being recommended to be assembled will be a crucial voice in the establishment and setting of priorities.

For instance, a window of opportunity for a potential investment that would likely be of priority to the community is a partnership between the City and the Baldwin Park Unified School District (BPUSD) for the redevelopment of decommissioned school campuses within the jurisdiction of BPUSD. Elwin Elementary School is one such campus that the BPUSD Board of Education has already approved for closure, a reflection of the low and still declining student enrollment. An ideal alternative use for the site would be a state-of-the-art sports complex which we know our community has been yearning to have for decades. Revenue from the additional sales tax can be the catalyst to make this goal a reality.

Following is a timeline of milestones to follow in terms of adhering to the schedule for placing a ballot measure on the General Election of November 8, 2022:

April 20, 2022 – City Council consideration of first staff report.

May 2, 2022 – Advisory Committee established.

May 18, 2022 – Report back analysis of research survey.

May – June 2022 – Public engagement period.

August 3, 2022 – Last day for Council to approve a ballot measure.

August 7, 2022 – Last day to transmit a desired ballot letter designation.

August 12, 2022 – Last day to transmit to the County a request to add a ballot measure.

November 8, 2022 – General Municipal Election

ALTERNATIVES
Council may decide not to proceed any further with the sales tax proposal.

LEGAL REVIEW
Not required.

ATTACHMENTS
None

STAFF REPORT
ITEM NO. ________9_________
TO: Honorable Mayor and Members of the City Council
FROM: Rose Tam, Director of Finance
DATE: April 20, 2022
SUBJECT: Fiscal Year 2021-22 Mid-Year Budget Presentation

SUMMARY
The purpose of this report is to provide City Council with the mid-year budget performance and a projection for the remainder of the fiscal year.

RECOMMENDATION
Staff recommends that the City Council:

1. Review the mid-year analysis via a presentation and approve the mid-year revenue and expenditure projections for the fiscal year ending June 30, 2022; and

2. Authorize the Director of Finance to complete all necessary budget amendments and appropriations.

FISCAL IMPACT
Based on the projections, the total General Fund revenues will be $35,083,072 and expenditures will be $34,937,850. The General Fund revenue exceeds expenditures resulting in an estimated surplus of $145,222. The General Fund revenue is projected to increase by $1,702,603 from the original adopted budget and expenditures to increase by $1,709,431. The total Special Revenue and Other Funds revenues will be $98,810,966 and expenditures will be $91,506,951 which includes all capital improvement projects and ARPA funded projects.

BACKGROUND
A mid-year budget review is a tool that provides City Council and staff an opportunity to review the status of the current budget and determine if any mid-course adjustments are necessary. Additionally, the City’s Fiscal Accountability Policy states that a mid-year budget review is to be prepared by staff and presented to the City Council. The mid-year budget report estimates the revenues, expenditures, and projected fund balances on June 30, 2022.

The original adopted General Fund revenues were $33,380,469 and are revised to $35,083,072. Based on better-than-expected revenues received as of March 2022; we project the total revenues will increase by $1,702,603. The increases in revenues are mainly from sales tax, property tax, property tax in lieu of VLF, vehicle license fees, business license fees, construction related permit fees and engineering fees. Due to the impact of COVID, we have also seen decreases in revenue from parking citation, fees from Recreation related programs, and cannabis fees.

The original adopted General Fund expenditures were $33,228,420 and are revised to $34,937,850 with an increase of $1,709,431. The increases in expenditures are mainly from the transfer to the BPROUD fund. However, with the sale of energy contracts, the General Fund is expected to be reimbursed from the transfer made to the BPROUD fund. Other main increases include consultant services for sales tax ballot measure, legal fees related to cannabis, hiring incentive pay for police officers, staff augmentation support, hiring related costs, OT costs due to unfilled vacancies, personnel costs for community enhancement (code enforcement) staff and vehicle lease due to the reallocation of the CDBG fund. With the combination of retirements, resignations, and temporary unfilled positions, the City is able to lower the costs of salaries and benefits and cover the cost increases previously mentioned. Because of the critical operational need, this mid-year budget also includes the promotion of the Program Supervisor to Community Services Supervisor from Recreation and the Human Resources Technician to Human Resources Analyst I from HR, reclassification of the Engineer Assistant from Public Works to Associate Engineer and the Management Assistant from Finance to Management Analyst. The promotions and reclassifications of these positions have no fiscal impact since the cost is very minimum. The savings from the temporary unfilled positions are sufficient to cover the small increase.

In this mid-year presentation, we have also included a budget for the ARPA grant fund. Detail of updates will be presented to the City Council.

The Executive Team and City staff will continue to monitor and control expenditures and strive to seek additional revenues. We will continue to provide assistance to the City Council as we work together towards a better future for the citizens and business owners of Baldwin Park.

LEGAL REVIEW
None Required.

ATTACHMENTS

1. Fiscal Year 2021-2022 Projected Fund Balance (including projected revenues and expenditures) Unaudited 2022 2022 2022 2022 Projected
Fund Balance Projected Projected Projected Projected Fund Balance Fund Fund Description 06/30/2021 Revenues Transfers In Expenditures T ransfers Out 06/30/2022 General Fund:
100 General Fund* 28,758,598 32,706,822 2,376,250 32,525,939 2,411,91 1 28,903,820 200 Future Development Fund** 5,783,851 48,000 0 429,613 0 5,402,238 210 Community Enhancement Fund** 660,663 4,000 0 0 0 664,663 Subtotal - General Fund 35,203,113 $ 32,758,822 $ 2,376,250 $ 32,955,552 $ 2,411,911 $ 34,970,722 $ Internal Services Funds:
401 Information and Support Services 463,392 1,039,788 0 1,284,768 0 2 18,412 402 Fleet Services 1,165,282 427,103 0 928,102 0 664,282 403 Internal Insurance (8,598,865) 4,741,364 0 4,038,400 0 (7,895,901) 404 Capital Equipment 12,370 0 0 0 0 12,370
Subtotal - Internal Services Funds (6,957,821) $ 6,208,255 $ - $ 6,251,271$ - $ (7,000,837)$ Special (Restricted) Funds:
205 Federal Asset Forfeiture 152,498 0 0 0 0 152,498
206 State Asset Forfeiture 55,236 0 0 0 0 55,236
207 Local Law Enforcement Block Grant 15,259 0 0 0 0 15,259 208 Law Enforcement Development Impact 171,216 20,600 0 100,000 0 91,8 16 209 AB74 Public Safety Enhancement 150,151 0 0 0 0 150,151 220 Community Development Block Grant 120,772 1,600,139 0 1,029,135 4 94,745 197,031 221 H.O.M.E. (Home Investment Partnership Program) 1,218,679 2,571 ,001 0 2,526,404 0 1,263,276 222 CAL Home 68,007 100 0 0 0 68,107
223 Economic Development Act Revolving Loan 0 0 0 0 0 0 230 AB1693 Business Improvement Fees 77,956 130,200 0 120,212 0 87,944 231 Air Quality Management 230,935 188,000 0 199,268 0 219,667 232 Residential Development Fee 4 0 0 0 0 4
233 Economic Development Grant 541 0 0 0 0 541
234 Park Fees (Quimby Act) 2,362,144 205,298 0 2,312,605 0 254,837 235 General Plan Fees 820,150 145,000 0 409,035 0 556,115 236 Public Art Fees 607,461 40,500 0 573,370 0 74,591
237 Cannabis Mitigation Fee 0 2,757,500 0 0 1,353,750 1,403,750 240 Gasoline Ta
x (269,518) 2,066,798 0 1,802,652 0 (5,372)
241 Surface Transportation Progra m (73,439) 349,452 0 0 0 276,013 242 Traffic Congestion Relief 0 0 0 0 0 0
243 Bicycle and Pedestrian Safet
y (2,824) 0 0 46,847 0 (49,670)
244 Proposition A 212,943 1,819,270 0 2,222,964 0 (190,751) 245 Proposition C 1,104,524 1,280,281 0 2,461,523 0 (76,718) 246 AB939 Integrated Waste Management 58,507 337,000 0 394,443 0 1,064 247 Oil Recycling Grant 21,860 20,000 0 19,094 0 22,766 249 Storm Drains NPDS 49,711 59,116 0 95,415 0 13,412
250 Assessment District 394,513 12,630 0 0 0 407,143
251 Street Lighting and Landscape 1,002,519 1,787,330 17,000 2,726,8 54 0 79,995 252 Parks Maintenance Assessment District 18,815 862,236 78,850 872, 907 0 86,995 253 Proposition A - Parks 0 60 120,150 120,202 0 8
254 Measure R Local Return 551,177 961,446 0 1,430,854 0 81,769 255 Measure M (12,964) 1,086,689 50,011 1,243,439 591,219 (710,922) 256 SB1 Road Repair & Accountabilit
y 1,001,976 1,513,531 0 2,371,987 0 143,520
257 Traffic Mititgation Fees (31,402) 12,945 0 0 0 (18,457) 258 Measure
W 201,243 720,000 0 1,077,000 0 (155,757)
259 Measure H (103,828) 3,000 0 57,000 0 (157,828)
260 Summer Lunch Progra
m 0 0 10,000 12,408 0 (2,408)
270 Grants Fund 508,193 17,825,655 0 15,148,228 0 3,185,620 271 Police Grants Fund 104,103 152,989 0 185,831 0 71,260 275 American Rescue Plan Act (15,510) 22,917,903 0 10,663,539 0 12,238 ,854 278 Measure W Grant 0 2,495,505 0 1,500,000 0 995,505
280 Cooperative Agreements Contributions (399,383) 441,425 0 41,425 0 617 301 Building Reserve 9,959 0 0 0 0 9,959
450 BPROUD Utility District (177,514) 13,174,518 0 13,019,136 1,825,0 00 (1,847,132) Subtotal Special Funds 10,204,669 $ 77,558,117 $ 276,011 $ 64,783,777$ 4,264,714 $ 18,990,306 $ TOTAL GENERAL, INTERNAL SERV., & SPECIAL FUNDS: 38,449,960$ 116,525,194 $ 2,652,261 $ 103,990,600$ 6,676,625 $ 46,960,191 $ City of Baldwin Park
Fiscal Year 2021-2022 Projected Fund Balance at June 30, 2022 Attachment 1
Unaudited 2022 2022 2022 2022 Projected
Fund Balance Projected Projected Projected Projected Fund Balance Fund Fund Description 06/30/2021 Revenues Transfers In Expenditures T ransfers Out 06/30/2022 Financing Authority Funds:
601 Debt Service 486,382 100 494,745 478,065 0 503,162
610 COP Lease Payment (64,812) 0 586,911 592,982 0 (70,882) 625 Gas Tax Debt Service 7 0 0 0 0 7
630 Bond Issuance SGR Refi 0 0 0 0 0 0
635 BPFA/PM 2003 Tax Alloc 32,715 0 0 0 0 32,715
636 BPFA 1990 Tax Alloc 0 0 0 0 0 0
637 BPFA/CBD 1990 Refunding Loan 143 0 0 0 0 143
650 Pension Obligation Bond 716,035 0 0 0 690,000 26,035 651 Pension Obligation Bond 2019 (689,746) 4,536,680 0 3,846,680 0 254 660 Measure M Rev Bond 6,683,590 0 591,219 591,219 50,011 6,633,579 Subtotal Financing Authority Funds 7,164,315 $ 4,536,780 $ 1,672,875 $ 5,508,946 $ 740,011 $ 7,125,013 $ Successor Agency Funds:
800 RDA Obligation Retirement - $ - $ - $ - $ - $ - $ Capital Projects
801 SG River Capital Prj (10,330) 10,330 0 0 0 (0)
802 Puente/Merced Capital Prj (5,059) 5,059 0 0 0 (0)
803 W Ramona Capital Prj (140) 140 0 0 0 (0)
804 Cntrl Business Dist Capital Prj (14,945) 14,945 0 0 0 (0) 805 Delta Capital Prj (1,291) 1,291 0 0 0 (0)
806 Sierra Vista Capital Prj 1,880,419 0 194,538 194,538 31,765 1,848, 653 Subtotal Capital Projects 1,848,652 $ 31,765 $ 194,538 $ 194,538 $ 31,765 $ 1,848,652$ Debt Service
831 SG River Debt Serv (115) 115 0 0 0 0
832 Puente/Merced Debt Serv (114) 114 0 0 0 0
833 W Ramona Debt Serv (114) 114 0 0 0 0
834 Cntrl Business Dist Debt Serv (335) 335 0 0 0 (0)
835 Delta Debt Serv (1,124) 1,124 0 0 0 (0)
836 Sierra Vista Debt Serv 11,442 0 0 0 1,802 9,640
837 BP Merged 2000 Refinance 0 0 0 0 0 0
838 BP Merged 2000 Refinance (292,456) 1,387,950 0 1,375,800 194,538 ( 474,844) Subtotal Debt Service (282,817) $ 1,389,752 $ - $ 1,375,800$ 196,340 $ (465,205) $ Low/Mod Housing
890 Low/Mod Income Housing 6,876,089 272,399 0 974,732 0 6,173,756 Subtotal Low/Mod Housing 6,876,089 $ 272,399 $ - $ 974,732$ - $ 6,173,756$ TOTAL SUCCESSOR AGENCY FUNDS: 8,441,924$ 1,693,916 $ 194,538 $ 2,545,070 $ 228,105 $ 7,557,203 $ Housing Authority:
901 Housing Voucher Choice 283,635 6,430,223 0 6,597,575 0 116,283 902 Housing Authority American Rescue Plan Act 92,450 0 0 0 0 92,450 905 Public Housing 416,176 50,594 68,829 89,041 0 446,558 910 CIAP 0 68,829 0 0 68,829 0
Subtotal Housing Authority Funds 792,261 $ 6,549,646 $ 68,829 $ 6,686,616$ 68,829 $ 655,291 $ COMBINED GRAND TOTAL - ALL FUNDS 54,848,460 $ 129,305,536 $ 4,588,503 $ 118,731,232 $ 7,713,570 $ 62,297,697 $ $ 11,761,587
** The Future Development Fund and Community Enhancement Fund were merged with the General Fund. However, these funds are committed for future / special projects pending City Council approval.
* The Projected General Fund Reserve Balance at June 30, 2022 is:

Attachment 1 (Continued)

AGENDA

BALDWIN PARK FINANCE AUTHORITY

REGULAR MEETING
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706

April 20, 2022

7:00 PM

Emmanuel J. Estrada - Chair
Daniel Damian - Vice Chair
Alejandra Avila - Board Member
Monica Garcia - Board Member
Paul C. Hernandez - Board Member

PUBLIC COMMENTS
The public is encouraged to address the
City Council or any of its Agencies listed
on this agenda on any matter posted on
the agenda or on any other matter within
its jurisdiction. In accordance with
Chapter 39 of the Baldwin Park Municipal
Code, Speakers must address the
Council as a whole and refra in from
making impertinent, slanderous, or
profane remarks or disrupt the peace of
the meeting.

COMENTARIOS DEL PÚBLICO
Se invita al público a dirigirse al Concilio o
cualquiera otra de sus Agencias nombradas en
esta agenda, para hablar sobre cualquier asunto
publicado en la agenda o cualquier tema que
esté bajo su jurisdicción. De acuerdo con el
capítulo 39 del Código Municipal de la Ciudad
de Baldwin Park, los comentaros deben se
dirigidos al Concilio como una sola entidad, y no
ser impertinentes, difam atorios, o profanos, o
interrumpir la paz de la reunión.

FINANCE AUTHORITY
REGULAR MEETING – 7:00 PM

CALL TO ORDER

ROLL CALL
Board Members: Alejandra Avila, Monica Garcia, Paul C. Hernandez, Vice Chair Daniel Damian, and Chair Emmanuel J. Estrada

PUBLIC COMMUNICATIONS

THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL

The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staf f to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2]

ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO

FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acción en algún asunto a menos que sea incluido en la agenda, o a menos que exista algúna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciónes o preguntas hecha s por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideración en juntas proximas. [Codigo de Gobierno §54954.2]

If you wish to comment on agenda items, please email your name, City of residence, item number and a phone number where you will be available between the hours of 7:00 PM to 8:00 PM on April 20, 2022 to [email protected]. You will be contacted by a staff member and will be granted 3 (three) minutes to speak live during the meeting. If you are a non-English Speaker and require translation services in another language other than Spanish, please indicate your request in your communication up to 48 hours prior to the meeting. If large numbers of persons wishing to speak are gathered (a reduction of the speaking time allotted for each speaker may be announced). A one hour limit may be placed on the time for public communications so that City business can be conducted, after which time, communications can resume.

CONSENT CALENDAR

1. Treasurer’s Report – February 2022
Staff recommends that the Board receive and file the Treasurer’s Report for February 2022.

ADJOURNMENT

PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960 -4011 ext. 466 or via e -mail at [email protected].

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please co ntact the Public Works Department or Risk Management at (626) 960 -4011. Notification 48 hours prior to the meeting will enable sta ff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II)

CERTIFICATION

I, Marlen Garcia, Secretary of the Finance Authority hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 14th day of April, 2022.

Marlen Garcia,
City Clerk

STAFF REPORT
ITEM NO. ________1_________
TO: Honorable Chair and Board Members of the Financing
Authority
FROM: Rose Tam, Director of Finance
DATE: April 20, 2022
SUBJECT: Treasurer’s Report – February 2022

RECOMMENDATION
Staff recommends that the Board receive and file the Treasurer’s Report for February 2022.

FISCAL IMPACT
None

BACKGROUND
City of Baldwin Park Investment Policy requires the Treasurer’s Report be submitted to the Mayor and City Council on a monthly basis.

LEGAL REVIEW
Not Applicable

ATTACHMENT

1. Exhibit “A”, Treasurer’s Report

AGENDA

BALDWIN PARK HOUSING AUTHORITY

REGULAR MEETING
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706

April 20, 2022

7:00 PM

Emmanuel J. Estrada - Chair
Daniel Damian - Vice Chair
Alejandra Avila Board Member
Monica Garcia - Board Member
Paul C. Hernandez - Board Member

PUBLIC COMMENTS
The public is encouraged to address the
City Council or any of its Agencies listed
on this agenda on any matter posted on
the agenda or on any other matter within
its jurisdiction. In accordance with
Chapter 39 of the Baldwin Park Municipal
Code, Speakers must address the
Council as a whole and refrain from
making imp ertinent, slanderous, or
profane remarks or disrupt the peace of
the meeting.

COMENTARIOS DEL PÚBLICO
Se invita al público a dirigirse al Concilio o
cualquiera otra de sus Agencias nombradas en
esta agenda, para hablar sobre cualquier asunto
publicado en la agenda o cualquier tema que
esté bajo su jurisdicción. De acuerdo con el
capítulo 39 del Código Municipal de la Ciudad
de Baldwin Park, los comentaros deben se
dirigidos al Concilio como una sola entidad, y no
ser impertinentes, difamatorios, o profano s, o
interrumpir la paz de la reunión.

HOUSING AUTHORITY
REGULAR MEETING – 7:00 PM

CALL TO ORDER

ROLL CALL
Board Members: Alejandra Avila, Monica Garcia, Paul C. Hernandez, Vice Chair Daniel Damian, and Chair Emmanuel J. Estrada

PUBLIC COMMUNICATIONS
Three (3) minute speaking time limit
Tres (3) minutos será el limite para hablar

THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL

ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO

FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acción en algún asunto a menos que sea incluido en la agenda, o a menos que exista algúna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciónes o preguntas hechas por pers onas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideración en juntas proximas. [Codigo de Gobierno §54954.2]

You will be contacted by a staff member and will be granted 3 (three) minutes to speak live during the meeting. If you are a non-English Speaker and require translation services in anoth er language other than Spanish , please indicate your request in your communication up to 48 hours prior to the meeting . If large numbers of persons wishing to speak are gathered (a reduction of the speaking time allotted for each speaker may be announced). A one hour limit may be placed on the time for public communications so that City business can be conducted, after which time, communications can resume.

CONSENT CALENDAR

1. Baldwin Park Housing Authority’s Warrants and Demands Staff recommends that the Board ratify the attached Warrants and Demands Register.

2. Treasurer’s Report – February 2022
Staff recommends that the Board receive and file the Treasurer’s Report for February 2022.

ADJOURNMENT

PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for pub lic viewing and inspection at City Hall, 2 nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960 -4011 ext. 466 or via e -mail at [email protected].

CERTIFICATION
I, Marlen Garcia, Secretary of the Housing Authority hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 14th day of April, 2022.

Marlen Garcia,
City Clerk

STAFF REPORT
ITEM NO. ________1_________
TO: Honorable Chair and Board Members of the Housing
Authority
FROM: Rose Tam, Director of Finance
DATE: April 20, 2022
SUBJECT: Baldwin Park Housing Authority’s Warrants and Demands

SUMMARY
Attached are the Warrants and Demands Registers for the City of Baldwin Park Housing Authority to be ratified by the Board.

RECOMMENDATION
Staff recommends that the Board ratify the attached Warrants and Demands Register.

FISCAL IMPACT
The total of the Warrants and Demands for Housing Authority was $ 519,985.37.

BACKGROUND
The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous meeting and the following is a summary of the payment released:

1. The March 4 to April 7,2022 Warant check numbers 72547 through 72559 in the amount of $4,753.09 and Automated Clearing House (ACH) In the amount of $515,232.28 were made on behalf of City of Baldwin Park Housing Authority constituting of claims and demands, are herewith presented to the Board as required by law, and hereby ratified.

LEGAL REVIEW
Not Applicable

ATTACHMENT

1. Happy Check Register

2. Happy Check Register ACH

STAFF REPORT
ITEM NO. ________2_________
TO: Honorable Chair and Board Members of the Housing Authority FROM: Rose Tam, Director of Finance
DATE: April 20, 2022
SUBJECT: Treasurer’s Report – February 2022

RECOMMENDATION
Staff recommends that the Board receive and file the Treasurer’s Report for February 2022.

FISCAL IMPACT
None

BACKGROUND
City of Baldwin Park Investment Policy requires the Treasurer’s Report be submitted to the Mayor and City Council on a monthly basis.

LEGAL REVIEW
Not Applicable

ATTACHMENT

1. Exhibit “A”, Treasurer’s Report

Baldwin Park City CouncilApril 20, 2022

Baldwin Park City Council
April 20, 2022